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Case T-367/14: Judgment of the General Court of 18 October 2016 — August Storck v EUIPO — Chiquita Brands (Fruitfuls) (Community trade mark — Revocation proceedings — EU word mark Fruitfuls — Genuine use — Article 51(1)(a) and (2) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62014TA0367
62014TA0367
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28.11.2016
Official Journal of the European Union
C 441/15
(Case T-367/14) (*)
((Community trade mark - Revocation proceedings - EU word mark Fruitfuls - Genuine use - Article 51(1)(a) and (2) of Regulation (EC) No 207/2009))
(2016/C 441/19)
Language of the case: English
Parties
Applicant: August Storck KG (Berlin, Germany) (represented by: I. Rohr, A.-C. Richter, P. Goldenbaum, T. Melchert and T. Reher, lawyers)
Defendant: European Union Intellectual Property Office (represented by: represented initially by A. Poch, and subsequently by G. Schneider and D. Gája and finally by D. Gája, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Chiquita Brands LLC (Charlotte, North Carolina, United States of America) (represented by: L. Bakers, lawyer)
Re:
Action against the decision of the Fifth Board of Appeal of EUIPO of 27 March 2014 (Case R 1580/2013-5), relating to revocation proceedings between Chiquita Brands and August Storck.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 27 March 2014 (Case R 1580/2013-5) in so far as it confirmed the decision of the Cancellation Division declaring the revocation of the contested mark as regards ‘confectionery’ included in Class 30 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;
2.Dismisses the remainder of the action;
3.Orders each party to bear its own costs.
(*)
OJ C 261, 11.8.2014.