Judgment of the General Court (Fourth Chamber) of 28 February 2017.Labeyrie v European Union Intellectual Property Office.EU trade mark — Revocation proceedings — EU figurative mark representing a sowing of light coloured fish on a dark background — Declaration of revocation — Genuine use of the mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing by elements not altering the distinctive character.Case T-767/15.

Judgment // 28/02/2017 // 1 min read
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Judgment of the General Court (Fourth Chamber) of 28 February 2017 — Labeyrie v EUIPO — Delpeyrat (Representation of a sowing of light coloured fish on a dark background)

(Case T‑767/15)

(EU trade mark — Revocation proceedings — EU figurative mark representing a sowing of light coloured fish on a dark background — Declaration of revocation — Genuine use of the mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing by elements not altering the distinctive character)

EU trade mark—Surrender, revocation and invalidity—Causes of revocation—Absence of genuine use of a trade mark—Use of the mark in a form differing by elements not altering the distinctive character of the mark—Subject-matter and scope of Article 15(1), second paragraph, (a), of Regulation No 207/2009—Examination of alteration of distinctive character

(Council Regulation No 207/2009, Arts 15(1), second subpara., (a), and 51(1)(a))

(see paras 18, 20-22, 46)

Re:

ACTION brought against the decision of the First Board of Appeal of EUIPO of 15 October 2015 (Case R 2694/2014-1), relating to revocation proceedings between Depeyrat and Labeyrie.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Labeyrie to bear its own costs as well as those incurred by EUIPO;

  3. Orders Delpeyrat to bear its own costs.

Trade marks