Keywords
Subject of the case
Operative part

Keywords

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 40/94, Art. 43(2) and (3)) (see paras 82-85)

2. Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Concept – Determination of a minimal quantitative use threshold – Not included (Council Regulation No 40/94, Art. 43(2) and (3)) (see para. 86)

3. Community trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark (Council Regulation No 40/94, Art. 50(1)(a)) (see paras 89-96)

Subject of the case

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 November 2008 (Case R 1882/2007-4) concerning revocation proceedings between Mr Mo-Hwa Park and Mr Chong-Yun Bae.

Information relating to the case

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Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Mr Mo-Hwa Park to pay the costs.