Judgment of the General Court (Seventh Chamber) of 18 March 2015 —
Naazneen Investments v OHIM — Energy Brands (SMART WATER)
(Case T‑250/13)
Community trade mark — Revocation proceedings — Community word mark SMART WATER — Genuine use — Article 51(1)(a) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
1. Community trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see paras 14-17)
2. Community trade mark — Surrender, revocation and invalidity — Causes of revocation — No genuine use of a trade mark — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 51(1)(a)) (see paras 25-28)
3. Community trade mark — Surrender, revocation and invalidity — Causes of revocation — No genuine use of a trade mark — Proof of use of the earlier mark — Genuine use — Concept — Determination of a quantitative threshold of minimum use (Council Regulation No 207/2009, Art. 51(1)(a)) (see para. 49)
4. Community trade mark — Surrender, revocation and invalidity — Causes of revocation — No genuine use of a trade mark — Meaning of ‘just grounds’ for non-use — Independent and uniform interpretation — Obstacles bearing a direct relation to the trade mark rendering its use unreasonable or impossible and independent of the volition of the trade mark proprietor (Council Regulation No 207/2009, Arts 15(1)(a), and 51(1)(a)) (see paras 63, 66, 71-73)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 February 2013 (Case R 1101/2011‑2), relating to revocation proceedings between Energy Brands, Inc. and Naazneen Investments Ltd. |
Operative part
The Court:
2. | | Orders Naazneen Investments Ltd to pay the costs. |