Judgment of the General Court (Ninth Chamber) of 13 October 2021 –
M. I. Industries v EUIPO – Natural Instinct (INSTINCT)
(Case T‑1/20)
(EU trade mark – Revocation proceedings – EU word mark INSTINCT – No genuine use of the trade mark – Extent of use – Overall assessment of the evidence – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001))
1. |
EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Proof of use – Genuine use – Meaning – Criteria for assessment (Council Regulation No 207/2009, Arts 15(1) and 51(1)(a)) (see paras 27-32, 34, 35, 83) |
2. |
EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Proof of use – Genuine use – Meaning – Determination of a minimal quantitative use threshold – Precluded (Council Regulation No 207/2009, Arts 15(1) and 51(1)(a)) (see para. 33) |
3. |
EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Proof of use – Genuine use – Use during a five year period – Consideration of evidence concerning use outside of that period – Conditions (Council Regulation No 207/2009, Arts 15(1) and 51(1)(a)) (see paras 44, 45, 49) |
4. |
EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Word mark INSTINCT (Council Regulation No 207/2009, Arts 15(1) and 51(1)(a)) (see paras 51, 56, 59, 67, 90, 93) |
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 28 October 2019 (Case R 178/2019-5), relating to revocation proceedings between Natural Instinct and M.I. Industries.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders M.I. Industries, Inc. to pay the costs. |