KTM Fahrrad v EUIPO - KTM (R2R) (European Trade Mark - Judgment) French Text [2022] EUECJ T-353/21 (07 September 2022)

KTM Fahrrad v EUIPO - KTM (R2R) (European Trade Mark - Judgment) French Text [2022] EUECJ T-353/21 (07 September 2022)

The applicant failed to demonstrate genuine use of the R2R mark during the relevant five-year period, as only a single order of 80 bicycles was evidenced, which is insufficient in the context of the EU bicycle market. Preparatory acts and market seasonality do not constitute justified reasons for non-use. The Board...

Source-derived case information.

Citation
[2022] EUECJ T-353/21
Parties
Applicant: KTM Fahrrad GmbH; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: KTM AG
Jurisdiction
European Union
Procedural Posture
European Union Trade Mark Annulment Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed; applicant's action rejected in its entirety.
Legal Topics
Trade Mark Law, Genuine Use, Revocation Proceedings, Burden of Proof, Justified Reasons for Non Use
Intellectual Property European Union Law Trade Mark Law Genuine Use Revocation Proceedings Burden of Proof Justified Reasons for Non Use

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Parties

KTM Fahrrad GmbH

Applicant

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

Respondent

KTM AG

Intervener

Procedural Posture

European Union Trade Mark Annulment Appeal / Judgment on Appeal From EUIPO Board of Appeal

  1. 1 Whether the applicant demonstrated genuine use of the contested EU trade mark during the relevant period
  2. 2 Whether there were justified reasons for non-use of the mark
  3. 3 Whether the Board of Appeal erred in its assessment of the evidence and market context

Ratio Decidendi

The applicant failed to demonstrate genuine use of the R2R mark during the relevant five-year period, as only a single order of 80 bicycles was evidenced, which is insufficient in the context of the EU bicycle market. Preparatory acts and market seasonality do not constitute justified reasons for non-use. The Board of Appeal did not err in its assessment.

Court Disposition

Appeal dismissed; applicant's action rejected in its entirety.

Orders

  • The appeal is rejected.
  • KTM Fahrrad GmbH is ordered to pay the costs.