This document is an excerpt from the EUR-Lex website
Document 62021TJ0323
Judgment of the General Court (Sixth Chamber) of 19 October 2022.
Castel Frères v European Union Intellectual Property Office.
EU trade mark – Revocation proceedings – EU figurative mark representing Chinese characters – Genuine use of the trade mark – Article 18(1) of Regulation (EU) 2017/1001 – Article 58(1)(a) of Regulation 2017/1001 – Alteration of the distinctive character.
Case T-323/21.
Judgment of the General Court (Sixth Chamber) of 19 October 2022.
Castel Frères v European Union Intellectual Property Office.
EU trade mark – Revocation proceedings – EU figurative mark representing Chinese characters – Genuine use of the trade mark – Article 18(1) of Regulation (EU) 2017/1001 – Article 58(1)(a) of Regulation 2017/1001 – Alteration of the distinctive character.
Case T-323/21.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2022:650
Judgment of the General Court (Sixth Chamber) of 19 October 2022 –
Castel Frères v EUIPO – Shanghai Panati (Representation of Chinese characters)
(Case T‑323/21) ( 1 )
(EU trade mark – Revocation proceedings – EU figurative mark representing Chinese characters – Genuine use of the trade mark – Article 18(1) of Regulation (EU) 2017/1001 – Article 58(1)(a) of Regulation 2017/1001 – Alteration of the distinctive character)
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1. |
EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Proof of use – Genuine use – Concept – Criteria for assessment – Requirement of solid and objective evidence (European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1)(a)) (see paragraph 13) |
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2. |
EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Proof of use – Simultaneous use of several signs (European Parliament and Council Regulation 2017/1001, Arts 18(1)(a) and 58(1)(a)) (see paragraph 14) |
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3. |
EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Use of the mark in a form differing in elements which do not alter the distinctive character of the mark – Subject matter and scope of Article 18(1)(a) of Regulation 2017/1001 – Examination of alteration of distinctive character (European Parliament and Council Regulation 2017/1001, Arts 18(1)(a) and 58(1)(a)) (see paragraphs 15, 16, 19-23) |
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4. |
EU trade mark – Surrender, revocation and invalidity – Examination of the application – Proof of use of the earlier mark – Genuine use – Definition – Mark used only as an element of a composite mark or in conjunction with another mark (European Parliament and Council Regulation 2017/1001, Arts 18(1)(a) and 58(1)(a)) (see paragraph 17) |
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5. |
EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Use of the mark in a form differing in elements which do not alter the distinctive character of the mark – Figurative mark representing Chinese characters (European Parliament and Council Regulation 2017/1001, Arts 18(1)(a) and 58(1)(a)) (see paragraphs 45-48, 52, 55, 56) |
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6. |
EU trade mark – Decisions of EUIPO – Legality – Examination by the EU judicature – Criteria (European Parliament and Council Regulation 2017/1001) (see paragraph 59) |
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Castel Frères to pay the costs. |
( 1 ) OJ C 310, 2.8.2021.