Leinfelder Uhren Munchen v EUIPO - Schafft (Leinfelder) (Judgment) French Text [2020] EUECJ T-577/19 (10 June 2020)

Leinfelder Uhren Munchen v EUIPO - Schafft (Leinfelder) (Judgment) French Text [2020] EUECJ T-577/19 (10 June 2020)

The applicant failed to provide sufficient, reliable, and concrete evidence of genuine use of the contested trademark for watches and watch straps during the relevant period. The sales volume was extremely low, some sales were internal, and much of the evidence was undated or of low probative value. Promotional...

Source-derived case information.

Citation
[2020] EUECJ T-577/19
Parties
Applicant: Leinfelder Uhren München GmbH & Co. KG; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervenor: Thomas Schafft
Jurisdiction
European Union
Procedural Posture
EU Trademark Revocation Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed
Legal Topics
EU Trademark Revocation, Genuine Use of Trademark, Burden of Proof, Abuse of Rights
Intellectual Property European Union Law EU Trademark Revocation Genuine Use of Trademark Burden of Proof Abuse of Rights

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Parties

Leinfelder Uhren München GmbH & Co. KG

Applicant

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

Respondent

Thomas Schafft

Intervenor

Procedural Posture

EU Trademark Revocation Appeal / Judgment on Appeal From EUIPO Board of Appeal

  1. 1 Whether the applicant demonstrated genuine use of the contested EU trademark for watches and watch straps during the relevant period
  2. 2 Whether the revocation request constituted an abuse of rights

Ratio Decidendi

The applicant failed to provide sufficient, reliable, and concrete evidence of genuine use of the contested trademark for watches and watch straps during the relevant period. The sales volume was extremely low, some sales were internal, and much of the evidence was undated or of low probative value. Promotional activities and website evidence were insufficient to compensate. The abuse of rights argument was irrelevant to the admissibility of the revocation request. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is rejected.
  • Leinfelder Uhren München GmbH & Co. KG is ordered to pay the costs.