Bimbo Donuts Iberia v EUIPO - Hijos de Antonio Juan (DONAS DULCESOL) (EU trade mark - Judgment) French Text [2021] EUECJ T-697/20 (01 September 2021)

Bimbo Donuts Iberia v EUIPO - Hijos de Antonio Juan (DONAS DULCESOL) (EU trade mark - Judgment) French Text [2021] EUECJ T-697/20 (01 September 2021)

The applicant failed to prove that the product for which genuine use was shown (a soft pastry/doughnut) falls within the categories of 'bakery products' or 'pasta products' as covered by the earlier mark. The Board of Appeal correctly found that the product is a 'pastry', which is a distinct category not covered by...

Source-derived case information.

Citation
[2021] EUECJ T-697/20
Parties
Applicant: Bimbo Donuts Iberia, SA; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Other Party Before Board of Appeal: Hijos de Antonio Juan, SL
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed
Legal Topics
Trade Marks, Proof of Genuine Use, Opposition Proceedings, Classification of Goods
Intellectual Property Law European Union Law Trade Marks Proof of Genuine Use Opposition Proceedings Classification of Goods

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Parties

Bimbo Donuts Iberia, SA

Applicant

Office de l’Union européenne pour la propriété intellectuelle (EUIPO)

Respondent

Hijos de Antonio Juan, SL

Other Party Before Board of Appeal

Procedural Posture

EU Trade Mark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal

  1. 1 Whether the applicant proved genuine use of the earlier mark for the relevant goods
  2. 2 Whether the goods for which use was proven fall within the scope of the goods covered by the earlier mark

Ratio Decidendi

The applicant failed to prove that the product for which genuine use was shown (a soft pastry/doughnut) falls within the categories of 'bakery products' or 'pasta products' as covered by the earlier mark. The Board of Appeal correctly found that the product is a 'pastry', which is a distinct category not covered by the earlier mark. Therefore, the opposition was rightly rejected for lack of proof of genuine use for the relevant goods.

Court Disposition

Appeal dismissed

Orders

  • The action is dismissed.
  • Bimbo Donuts Iberia, SA is ordered to pay the costs.