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Document 62009TJ0028

Judgment of the General Court (Sixth Chamber) of 13 January 2011.
Mo-Hwa Park v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Revocation proceedings - Figurative Community mark PINE TREE - Genuine use of the mark - Articles 50(1)(a) and 55(1)(a) of Regulation (EC) No 40/04 (now Articles 51(1)(a) and 56(1)(a) of Regulation (EC) No 207/2009).
Case T-28/09.

European Court Reports 2011 II-00001*

ECLI identifier: ECLI:EU:T:2011:7





Judgment of the General Court (Sixth Chamber) of 13 January 2011 – Park v OHIM – Bae (PINE TREE)

(Case T-28/09)

Community trade mark – Revocation proceedings – Figurative Community mark PINE TREE – Genuine use of the mark – Articles 50(1)(a) and 55(1)(a) of Regulation (EC) No 40/94 (now Articles 51(1)(a) and 56(1)(a) of Regulation (EC) No 207/2009)

1.                     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)

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

Registered Community trade mark of which cancellation sought:

Figurative mark PINE TREE for goods in Class 28 – Community trade mark No 318857)

Proprietor of the Community trade mark:

Mr Chong-Yun Bae

Party requesting cancellation of the Community trade mark:

Mr Mo-Hwa Park

Decision of the Cancellation Division:

Declaration of revocation of the Community trade mark concerned

Decision of the Board of Appeal:

Annulment of the contested decision and rejection of the application for a declaration of revocation of the trade mark concerned


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Mr Mo-Hwa Park to pay the costs.

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