Sta*Ware EDV Beratung v EUIPO - Accelerate IT Consulting (businessNavi) (Intellectual, industrial and commercial property - Judgment) French Text [2019] EUECJ T-383/18 (19 December 2019)

Sta*Ware EDV Beratung v EUIPO - Accelerate IT Consulting (businessNavi) (Intellectual, industrial and commercial property - Judgment) French Text [2019] EUECJ T-383/18 (19 December 2019)

The Board of Appeal did not err in finding that the evidence demonstrated genuine use of the contested mark for class 42 services as a whole. The services are closely linked and indivisible in this context, and the Board was not required to assess use for each service individually. The obligation to state reasons...

Source-derived case information.

Citation
[2019] EUECJ T-383/18
Parties
Applicant: Sta*Ware EDV Beratung GmbH; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Accelerate IT Consulting GmbH
Jurisdiction
European Union
Procedural Posture
EUIPO Trademark Revocation Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed
Legal Topics
EU Trademark Law, Revocation for Non Use, Proof of Genuine Use, Classification of Services, Burden of Proof, Obligation to State Reasons
Intellectual Property EU Trademark Law Revocation for Non Use Proof of Genuine Use Classification of Services Burden of Proof Obligation to State Reasons

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Parties

Sta*Ware EDV Beratung GmbH

Applicant

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

Respondent

Accelerate IT Consulting GmbH

Intervener

Procedural Posture

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

  1. 1 Whether the Board of Appeal correctly found genuine use of the contested EU trademark for class 42 services
  2. 2 Whether the Board of Appeal fulfilled its obligation to state reasons regarding the assessment of use for each service
  3. 3 Whether the evidence submitted was sufficient and relevant for the period and services concerned

Ratio Decidendi

The Board of Appeal did not err in finding that the evidence demonstrated genuine use of the contested mark for class 42 services as a whole. The services are closely linked and indivisible in this context, and the Board was not required to assess use for each service individually. The obligation to state reasons was met, and the evidence, including invoices and brochures, sufficed to show genuine use during the relevant period. The applicant's arguments were unfounded.

Court Disposition

Appeal dismissed

Orders

  • The appeal is rejected.
  • Sta*Ware EDV Beratung GmbH is ordered to pay the costs.