Judgment of the General Court (Sixth Chamber) of 27 September 2018
Judgment of the General Court (Sixth Chamber) of 27 September 2018
Data
- Court
- General Court
- Case date
- 27 september 2018
Verdict
Judgment of the General Court (Sixth Chamber) of 27 September 2018 –
M J Quinlan & Associates v EUIPO — Intersnack Group (Shape of a kangaroo)
(Case T‑219/17)
"(EU trade mark - Revocation proceedings - Three-dimensional trade mark in the shape of a kangaroo - Declaration of revocation - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) - Proof of genuine use - Nature of use)"
EU trade markSurrender, revocation and invalidityCauses of revocationAbsence of genuine use of a trade markProof of use of the earlier markGenuine useMeaningCriteria for assessment
(Council Regulation No 207/2009, Arts 51(1)(a) and 78(1)(f); Commission Regulation No 2868/95, Art. 1, rules 22(2) and (3) and 40(5))
(see paras 26-28)
EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterThree-dimensional trade marks consisting of the shape of the product itselfDistinctive characterCriteria for assessment
(Council Regulation No 207/2009, Art. 7(1)(b))
(see paras 31, 32)
EU trade markSurrender, revocation and invalidityCauses of revocationAbsence of genuine use of a trade markThree-dimensional mark consisting of the shape of a kangaroo
(Council Regulation No 207/2009, Arts 15(1)(a) and 51(1)(a))
(see paras 34-47)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 27 January 2017 (Case R 218/2016-2) relating to revocation proceedings between M J Quinlan & Associates Pty and Intersnack Group.
Operative part
The Court:
Dismisses the action;
Orders M J Quinlan & Associates Pty Ltd to pay the costs.