Judgment of the General Court (Ninth Chamber) of 5 June 2014 —
European Drinks v OHIM — Alexandrion Grup Romania (Dracula Bite and DRACULA BITE)
(Cases T‑495/12 to T‑497/12)
Community trade mark — Opposition proceedings — Application for Community figurative marks Dracula Bite and DRACULA BITE — Earlier national figurative mark Dracula — Absence of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009
1. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Interpretation having regard to the rationale of Article 42(2) and (3) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 42(2) and (3)) (see para. 23)
2. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paras 24-28)
3. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Criteria for assessment — Requirement of solid and objective evidence (Council Regulation No 207/2009, Arts 15(1), second para., (a), and 42(2) and (3)) (see para. 29)
4. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Use of the mark in a form differing by elements not altering the distinctive character of the mark (Council Regulation No 207/2009, Arts 15(1), second para., (a), and 42(2) and (3)) (see para. 30)
Re:
| Three actions brought against three decisions of the Fourth Board of Appeal of OHIM of 6 September 2012 (Cases R 680/2011-4, R 682/2011-4 and R 679/2011‑4), concerning three opposition proceedings between European Drinks SA and SC Alexandrion Grup Romania Srl. |
Operative part
The Court:
1. | | Joins Cases T‑495/12, T‑496/12 and T‑497/12 for the purposes of the judgment; |
3. | | Orders European Drinks SA to pay the costs. |