Judgment of the General Court (Third Chamber) of 6 July 2022 –
Les Éditions P. Amaury v EUIPO – Golden Balls (BALLON D’OR)
(Case T‑478/21) (1)
(EU trade mark – Revocation proceedings – EU word mark BALLON D’OR – Genuine use of the mark – Partial revocation – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Proof of genuine use – Assessment of the evidence – Classification of the services)
1. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – No genuine use of the trade mark – Proof of use of the earlier mark – Genuine use – Meaning – Criteria for assessment – Requirement of solid and objective evidence
(European Parliament and Council Regulation 2017/1001, Art. 47(2); Council Regulations No 40/94, Art. 76(1)(f), and No 207/2009, Art. 51(1)(a); Commission Regulation No 2868/95, Art. 1, Rules 22 and 40(5))
(see paras 21-25, 34-36, 41, 65)
2. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – No genuine use of the trade mark – Word sign BALLON D’OR
(Council Regulation No 207/2009, Art. 51(1)(a))
(see paras 42, 43, 56-58, 67, 68, 71, 72, 77, 78)
Operative part
The Court:
1. | | Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 7 June 2021 (Case R 1073/2020-4) in so far as it upheld the decision of the Cancellation Division to revoke the mark in respect of the following services in Class 41 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended: ‘entertainment’, ‘television entertainment’ and ‘organisation of competitions (entertainment)’; |
2. | | Dismisses the action as to the remainder; |
3. | | Orders each party to bear its own costs. |