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Case T-109/17: Judgment of the General Court of 18 October 2018 — FCA US v EUIPO — Busbridge (VIPER) (EU trade mark — Invalidity proceedings — EU word mark VIPER — Earlier national word mark VIPER — Genuine use of the earlier mark — Goods for which the earlier mark has been used — Extent of use of the earlier mark — Article 57(2) and (3) of Regulation (EC) No 207/2009 (now Article 64(2) and (3) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62017TA0109
62017TA0109
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Official Journal of the European Union
C 436/41
(Case T-109/17) (*)
((EU trade mark - Invalidity proceedings - EU word mark VIPER - Earlier national word mark VIPER - Genuine use of the earlier mark - Goods for which the earlier mark has been used - Extent of use of the earlier mark - Article 57(2) and (3) of Regulation (EC) No 207/2009 (now Article 64(2) and (3) of Regulation (EU) 2017/1001)))
(2018/C 436/58)
Language of the case: English
Parties
Applicant: FCA US LLC (City of Auburn Hills, Michigan, United States) (represented by: C. Morcom, QC)
Defendant: European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Robert Dennis Busbridge (Hookwood, United Kingdom)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 1 December 2016 (Case R 554/2016-1), relating to invalidity proceedings between R.D. Busbridge and FCA US.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders FCA US LLC to pay the costs.
(*)
OJ C 121, 18.4.2017.