Judgment of the General Court (Seventh Chamber) of 23 September 2015 —
L’Oréal v OHIM — Cosmetica Cabinas (AINHOA)
(Case T‑426/13)
Community trade mark — Revocation proceedings — Community word mark AINHOA — Genuine use of the mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing in elements which do not alter the mark’s distinctive character
1. Community trade mark — Procedural provisions — Revocation proceedings — Facts and evidence not submitted within the prescribed time-limit — Account taken — Discretion of the Board of Appeal (Council Regulation No 207/2009, Arts 51(1)(a), and 76(2); Commission Regulation No 2868/95, Art. 1, Rule 40(5)) (see paras 12, 13,16)
2. Community trade mark — Surrender, revocation and invalidity — Causes of revocation — Absence of 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 15(1)(a) of Regulation No 207/2009 (Council Regulation No 207/2009, Arts 15(1)(a), and 51(1)(a)) (see paras 24, 25, 29)
3. Community trade mark — Surrender, revocation and invalidity — Causes of revocation — Absence of genuine use of a trade mark — Use of the mark in a form differing by elements not altering the distinctive character of the mark — Word mark AINHOA (Council Regulation No 207/2009, Arts 15(1)(a), and 51(1)(a)) (see paras 28, 30-32)
4. Community trade mark — Surrender, revocation and invalidity — Causes of revocation — Absence of genuine use of a trade mark — Proof of use of the earlier mark — Genuine use — Criteria for assessment (Council Regulation No 207/2009, Art. 51(1)(a); Commission Regulation No 2868/95, Art. 1, Rule 22(3)) (see paras 35, 37-40)
5. Community trade mark — Surrender, revocation and invalidity — Causes of revocation — Absence of genuine use of a trade mark — Proof of use of the earlier mark — Genuine use — Concept (Council Regulation No 207/2009, Art. 51(1)(a); Commission Regulation No 2868/95, Art. 1, Rule 22(3)) (see para. 36)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 6 June 2013 (Case R 1642/2012-1), relating to revocation proceedings between L’Oréal and Cosmetica Cabinas SL. |
Operative part
The Court:
2. | | Orders L’Oréal to pay the costs. |