Judgment of the General Court (Second Chamber) of 22 June 2022 –
Puma v EUIPO – V. Fraas (FRAAS)
(Case T‑329/21) (1)
(EU trade mark – Revocation proceedings – EU word mark FRAAS – Genuine use of a mark – Use in connection with the goods in respect of which the mark was registered – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Proof of genuine use)
1. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Proof of use – Genuine use – Concept – Criteria for assessment – Requirement of solid and objective evidence
(Council Regulation No 207/2009, Arts 15(1) and 51(1)(a); Commission Regulation No 2868/95, Art. 1, Rule 22(3))
(see paras 23-26, 28, 90, 120, 127)
2. EU trade mark – Procedural provisions – Probative value of the evidence – Solemn declarations
(European Parliament and Council Regulation 2017/1001, Art. 97(1)(f))
(see paras 39-41, 47)
3. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Word mark FRAAS
(Council Regulation No 207/2009, Arts 15(1) and 51(1)(a))
(see paras 66, 77, 84, 101, 116, 128)
4. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Proof of use – Genuine use – Concept – Criteria for assessment – Company name, commercial name or trade name
(Council Regulation No 207/2009, Arts 15(1) and 51(1)(a))
(see paras 74, 76)
5. EU 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 para. 83)
6. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Proof of use – Partial use – Effect – Concept of part of the goods or services covered by the registration
(Council Regulation No 207/2009, Arts 15(1)(a) and 51(2))
(see para. 115)
Operative part
The Court:
2. | | Orders Puma SE to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by V. Fraas GmbH in the present proceedings. |