Appeal brought on 15 February 2017 by Société des produits Nestlé SA against the judgment of the General Court (Fifth Chamber) delivered on 15 December 2016 in Case T-112/13: Mondelez UK Holdings & Services Ltd v European Union Intellectual Property Office
(Case C-84/17 P)
Language of the case: English
Parties
Appellant: Société des produits Nestlé SA (represented by: G.S.P. Vos, advocaat)
Other parties to the proceedings: Mondelez UK Holdings & Services Ltd, European Union Intellectual Property Office (EUIPO)
Form of order sought
The appellant claims that the Court should:
annul the contested judgment of the General Court of the European Union of 15 December 2016, case T-112/13, on that basis that the General Court infringed article 7(3) and 52(2) of the European Union Trade Mark Regulation (“EUTMR”)1 ; and
order the respondent, applicant before the General Court, Mondelez UK Holdings & Services Ltd, to pay the costs.
Pleas in law and main arguments
Nestlé appeals the General Court’s judgment on the ground that the General Court infringed article 7(3) and article 52(2) of Regulation (EU) No. 207/2009 amended by Regulation (EU) No. 2015/24242 , also known as EUTMR.
More specifically, Nestlé’s appeal is directed against the decision of the General Court that concerning the extent of the territory in which it is necessary to establish distinctive character acquired through use of a mark, the distinctive character acquired through use of that mark must be shown throughout the territory of the European Union, that is, in all the Member States concerned.
____________1 Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009, L 78, p. 1).
2 Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OJ 2015, L 341, p. 21).