This document is an excerpt from the EUR-Lex website
Document 62015TJ0686
Judgment of the General Court (Ninth Chamber) of 2 February 2017.
Marcas Costa Brava, SL v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for EU figurative mark Cremcaffé by Julius Meinl — Earlier EU figurative mark café crem — Relative ground for refusal — Lack of genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009.
Case T-686/15.
Judgment of the General Court (Ninth Chamber) of 2 February 2017.
Marcas Costa Brava, SL v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for EU figurative mark Cremcaffé by Julius Meinl — Earlier EU figurative mark café crem — Relative ground for refusal — Lack of genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009.
Case T-686/15.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Ninth Chamber) of 2 February 2017 — Marcas Costa Brava v EUIPO — Excellent Brands JMI (Cremcaffé by Julius Meinl)
(Case T‑686/15)
(EU trade mark — Opposition proceedings — Application for EU figurative mark Cremcaffé by Julius Meinl — Earlier EU figurative mark café crem — Relative ground for refusal — Lack of genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009)
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EU trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Interpretation taking account of the rationale of Article 42(2) and (3) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 42(2) and (3); Commission Regulation No 2868/95, Art. 1, Rule 22(3)) (see para. 20) |
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EU 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, Arts 15(1), and 42(2); Commission Regulation No 2868/95, Art. 1, Rule 22(3)) (see paras 21-25, 28-30) |
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EU 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 — Territorial extent of the use (Council Regulation No 207/2009, Arts 15(1), and 42(2)) (see paras 26, 27) |
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EU trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Probative value of the evidence — Criteria for assessment (Council Regulation No 207/2009, Art. 42(2) and (3)) (see para. 51) |
Re:
ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 29 September 2015 (Case R 2517/2014-5), relating to opposition proceedings between Marcas Costa Brava and Excellent Brands JMI.
Operative part
The Court:
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Dismisses the action; |
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Orders Marcas Costa Brava, SL, to pay the costs. |