Judgment of the General Court of 14 July 2021 – Fashioneast and AM.VI. v EUIPO – Moschillo (RICH JOHN RICHMOND)
(Case T-297/20) 1
(EU trade mark – Revocation proceedings – EU figurative mark RICH JOHN RICHMOND – Absence of genuine use of a trade mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Use in a form differing in elements which alter the distinctive character of the mark – Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009 (now point (a) of the second subparagraph of Article 18(1) of Regulation 2017/1001)
Language of the case: English
Parties
Applicants: Fashioneast Sàrl (Luxembourg, Luxembourg), AM.VI. Srl (Naples, Italy) (represented by: A. Camusso and M. Baghetti, lawyers)
Defendant: European Union Intellectual Property Office (represented by: R. Cottrell, J. Crespo Carrillo and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Moschillo Srl (Avellino, Italy)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 16 March 2020 (Case R 1381/2019-2) relating to revocation proceedings between Moschillo, on the one hand, and Fashioneast and AM.VI., on the other.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Fashioneast Sàrl and AM.VI. Srl to pay the costs.
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1 OJ C 255, 3.8.2020.