Judgment of the General Court (Ninth Chamber) of 22 June 2022 –
Beveland v EUIPO – Super B (BUCANERO)
(Case T‑29/21) (1)
(EU trade mark – Revocation proceedings – EU word mark BUCANERO – Genuine use of the trade mark – Article 18(1), second subparagraph, point (a) and Article 58(1) point (a) of Regulation 2017/1001 – Form differing in elements which do not alter the distinctive character of the mark – Proof of genuine use)
1. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – No genuine use of a trade mark – Proof of use – Genuine use – Concept – Criteria for assessment – Requirement of solid and objective evidence
(European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1))
(see paras 18-22, 86, 87, 93, 103, 124, 125, 131)
2. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – No genuine use of a trade mark – Use of the mark in a form differing by elements not altering the distinctive character of the mark – Subject matter and scope of Article 18(1)(a) of Regulation 2017/1001 – Examination of alteration of distinctive character
(European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1))
(see paras 33-37, 40)
3. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – No genuine use of a trade mark – Word mark BUCANERO
(European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1))
(see paras 66, 83, 90, 100, 106, 144)
4. EU trade mark – Decisions of the Office – Legality – EUIPO’s previous decision-making practice – Need for a strict and complete examination in each particular case
(European Parliament and Council Regulation 2017/1001)
(see para. 56)
5. EU trade mark – Decisions of the Office – Legality – Examination by the EU judicature – Criteria – EUIPO’s examination guidelines – Effect
(European Parliament and Council Regulation 2017/1001)
(see para. 97)
6. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – No genuine use of a trade mark – Proof of use – Genuine use – Use during a five year period – Consideration of evidence concerning use outside of that period – Conditions
(European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1))
(see paras 114, 115)
Operative part
The Court:
2. | | Orders Beveland, SA to pay the costs. |