Judgment of the General Court (Seventh Chamber) of 25 April 2018

Data

Court: General Court

Case date: 25 april 2018

Verdict

Judgment of the General Court (Seventh Chamber) of 25 April 2018 –
Walfood v EUIPO — Romanov Holding (CHATKA)

(Case T‑312/16)

"(EU trade mark - Opposition proceedings - International registration designating the European Union - Word mark CHATKA - Earlier international figurative mark CHATKA - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001))"

1. EU trade markObservations of third parties and oppositionExamination of the oppositionProof of use of the earlier markGenuine useMeaning

(Council Regulation No 207/2009, Art. 42(2))

(see para. 34)

2. EU trade markSurrender, revocation and invalidityExamination of the applicationProof of use of the earlier markUse by a third party with the consent of the trade mark proprietorExpress or implied consent

(Council Regulation No 207/2009, Arts 15(2) and 17(6))

(see paras 47-49)

3. EU trade markObservations of third parties and oppositionExamination of the oppositionProof of use of the earlier markProbative value of the evidenceCriteria for assessment

(Council Regulation No 207/2009, Art. 42(2))

(see para. 50)

4. EU trade markObservations of third parties and oppositionExamination of the oppositionProof of use of the earlier markGenuine useMeaningInterpretation taking account of the rationale of Article 42(2) and (3) of Regulation No 207/2009

(Council Regulation No 207/2009, Recital 10 and Art. 42(2) and (3); Commission Regulation No 2868/95, Art. 1, rule 22(3))

(see para. 93)

5. EU trade markObservations of third parties and oppositionExamination of the oppositionProof of use of the earlier markGenuine useMeaningCriteria for assessment

(Council Regulation No 207/2009, Recital 10 and Art. 42(2) and (3); Commission Regulation No 2868/95, Art. 1, rule 22(3))

(see paras 94-99)

6. EU trade markObservations of third parties and oppositionExamination of the oppositionProof of use of the earlier markUse of the mark in a form differing by elements not altering the distinctive character of the markWord mark CHATKA and figurative mark CHATKA

(Council Regulation No 207/2009, Art. 42(2))

(see paras 124, 128, 131, 141, 142, 152)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 March 2016 (Case R 2870/2014-5), relating to opposition proceedings between Romanov Holding and Walfood.

Operative part

The Court:

1. Dismisses the action;

2. Orders Walfood SA to pay the costs.