Judgment of the General Court (First Chamber) of 18 December 2024

Data

Court: General Court

Case date: 18 december 2024

Verdict

Judgment of the General Court (First Chamber) of 18 December 2024 –
Hecht Pharma v EUIPO – Gufic BioSciences (H 15 Gufic)

(Case T‑520/23)

"(EU trade mark - Revocation proceedings - EU figurative mark H 15 Gufic - Genuine use of the mark - Article 58(1)(a) of Regulation (EU) 2017/1001 - Public and outward use - Use in connection with the goods in respect of which the mark was registered)"

1. EU trade markSurrender, revocation and invalidityGrounds for revocationLack of genuine use of the markProof of useGenuine useConceptCriteria for assessmentRequirement of solid and objective evidence

(European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1)(a))

(see paragraphs 22-24, 45-46)

2. EU trade markLodging of application for EU trade markIdentification of the goods or services concerned by the trade markUse of the general indications in the headings of the classes of the Nice ClassificationScope

(Commission Regulation No 2868/95, Art. 1, Rule 2(4))

(see paragraph 58)

3. EU trade markSurrender, revocation and invalidityGrounds for revocationLack of genuine use of the markUse in connection with the goods to which the mark relatesRelevant public’s perception of those goodsFigurative mark H 15 Gufic

(European Parliament and Council Regulation 2017/1001, Arts 18(1)(a) and 58(1)(a))

(see paragraphs 48, 59-63, 65, 70, 73, 68, 74-76, 78)

Operative part

The Court:

1. Dismisses the action;

2. Orders Hecht Pharma GmbH to pay the costs.