Judgment of the General Court (Sixth Chamber) of 13 January 2011 – Park v OHIM – Bae (PINE TREE)
(Case T-28/09)
Community trade mark – Revocation proceedings – Figurative Community mark PINE TREE – Genuine use of the mark – Articles 50(1)(a) and 55(1)(a) of Regulation (EC) No 40/94 (now Articles 51(1)(a) and 56(1)(a) of Regulation (EC) No 207/2009)
1.Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Concept – Criteria for assessment (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 82-85)
2.Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Concept – Determination of a minimal quantitative use threshold – Not included (Council Regulation No 40/94, Art. 43(2) and (3)) (see para. 86)
3.Community trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark (Council Regulation No 40/94, Art. 50(1)(a)) (see paras 89-96)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 November 2008 (Case R 1882/2007-4) concerning revocation proceedings between Mr Mo-Hwa Park and Mr Chong-Yun Bae. |
Information relating to the case
Registered Community trade mark of which cancellation sought: | Figurative mark PINE TREE for goods in Class 28 – Community trade mark No 318857) |
Proprietor of the Community trade mark: | Mr Chong-Yun Bae |
Party requesting cancellation of the Community trade mark: | Mr Mo-Hwa Park |
Decision of the Cancellation Division: | Declaration of revocation of the Community trade mark concerned |
Decision of the Board of Appeal: | Annulment of the contested decision and rejection of the application for a declaration of revocation of the trade mark concerned |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders Mr Mo-Hwa Park to pay the costs. |