Judgment of the General Court (Fourth Chamber) of 9 December 2015 —
Comercializadora Eloro v OHIM — Zumex Group (ZUMEX)
(Case T‑354/14)
Community trade mark — Opposition proceedings — Application for Community figurative mark ZUMEX — Earlier national figurative mark JUMEX — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009
1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Not included (Council Regulation No 207/2009, Art. 65) (see paras 28-30)
2. 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); Regulation No 2868/95, Art. 1, Rule 22(3)) (see para. 42)
3. 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 — Requirement of solid and objective evidence (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paras 43-45, 50, 57, 62, 63)
4. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Application of the criteria to the case in question (Council Regulation No 207/2009, Art. 42(2) and (3)) (see para. 46)
5. Community trade mark — Appeals procedure — Appeal against a decision of the Opposition Division of OHIM — Examination by the Board of Appeal — Scope — Facts and evidence not produced in support of the opposition within the period prescribed for that purpose — Account taken — Discretion of the Board of Appeal (Council Regulation No 207/2009, Arts 42(2), and 76(2)) (see paras 69, 70)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 13 February 2014 (Case R 391/2012-1), relating to opposition proceedings between Comercializadora Eloro, SA and Zumex Group, SA. |
Operative part
The Court:
2. | | Orders Comercializadora Eloro, SA to pay the costs. |