Judgment of the General Court (First Chamber) of 8 April 2016

Data

Court: General Court

Case date: 8 april 2016

Verdict

Judgment of the General Court (First Chamber) of 8 April 2016 —

Frinsa del Noroeste v EUIPO — Frisa Frigorífico Rio Doce (FRISA)

(Case T‑638/14)

"EU trade mark - Opposition procedure - Application for the European Union figurative mark FRISA - Earlier European Union figurative mark Frinsa - Relative ground for refusal - Genuine use of the earlier trademark - Submission of new facts and evidence in support of an appeal brought before the General Court - Power to alter decisions - Article 42(2) and (3), Article 65 and final part of Article 76(1) of Regulation (EC) No 207/2009 - Rule 22, paragraphs 2 to 4, of Regulation (EC) No 2868/95"

1. EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtRe-evaluation of the facts in the light of evidence produced for the first time before itNot included (Council Regulation No 207/2009, Art. 65) (see para. 22)

2. EU trade markObservations of third parties and oppositionExamination of the oppositionProof of use of the earlier markGenuine useConceptCriteria for assessment (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paras 43-46)

3. EU trade markObservations of third parties and oppositionExamination of the oppositionProof of use of the earlier markGenuine useApplication of the criteria to the case in question (Council Regulation No 207/2009, Art. 42(2) and (3)) (see para. 47)

4. EU trade markObservations of third parties and oppositionExamination of the oppositionProof of use of the earlier markGenuine useConceptDetermination of a minimal quantitative use thresholdExclusion (Council Regulation No 207/2009, Art. 42(2) and (3)) (see para. 48)

5. EU trade markObservations of third parties and oppositionExamination of the oppositionProof of use of the earlier markGenuine useConceptCriteria for assessmentRequirement of solid and objective evidence (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paras 49, 50)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 1 July 2014 (Joined Cases R 1547/2013-4 and R 1851/2013-4), relating to opposition proceedings between Frinsa del Noroeste, SA and Frisa Frigorífico Rio Doce, SA.

Operative part

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 1 July 2014 (Joined Cases R 1547/2013-4 and R 1851/2013-4);

2. Orders each party to bear its own costs.