Judgment of the General Court (First Chamber) of 14March 2017—
Hersill v EUIPO— KCI Licensing (VACUP)
(Case T‑741/14)
(EU trade mark— Opposition proceedings— Application for the EU word mark VACUP— Earlier EU word marks MINIVAC and V.A.C.— No genuine use of the earlier mark— Article42(2) and (3) of Regulation (EC) No207/2009)
EU 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— Requirement of solid and objective evidence
(Council Regulation No207/2009, Art.42(2) and (3); Commission Regulation No2868/95, Art.1, Rule 22(3))
(see paras18-23)
Re:
| ACTION brought against the decision of the Second Board of Appeal of EUIPO of 14August 2014 (CaseR 1520/2013-2), relating to opposition proceedings between KCI Licensing and Hersill. |
Operative part
The Court:
1. |
| Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 14August 2014 (CaseR 1520/2013-2); |
2. |
| Orders EUIPO to bear its own costs and to pay those incurred by Hersill, SL; |
3. |
| Orders KCI Licensing, Inc. to bear its own costs. |