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 — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009.Case T-691/15.

Judgment // 02/02/2017 // 2 min read
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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‑691/15)

(EU trade mark — Opposition proceedings — Application for EU figurative mark Cremcaffé by Julius Meinl — Earlier EU figurative mark café crem — Relative ground for refusal — No genuine use of the earlier mark — Article 42 (2) of Regulation (EC) No 207/2009)

  1. 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)

  1. 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)

  1. 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)

  1. 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 2756/2014-5), relating to opposition proceedings between Marcas Costa Brava and Excellent Brands JMI.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Marcas Costa Brava, SL, to pay the costs.

Trade marks