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Case T-512/21: Judgment of the General Court of 16 November 2022 — Epsilon Data Management v EUIPO — Epsilon Technologies (EPSILON TECHNOLOGIES) (EU trade mark — Revocation proceedings — EU figurative mark EPSILON TECHNOLOGIES — Genuine use of the mark — Article 18(1), second subparagraph, point (a), and Article 58(1)(a) of Regulation (EU) 2017/1001 — Nature of the use — Form differing in elements which do not alter the distinctive character — Use in connection with the services in respect of which the mark was registered)
ECLI:EU:UNKNOWN:62021TA0512
62021TA0512
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23.1.2023
Official Journal of the European Union
C 24/37
(Case T-512/21) (*)
(EU trade mark - Revocation proceedings - EU figurative mark EPSILON TECHNOLOGIES - Genuine use of the mark - Article 18(1), second subparagraph, point (a), and Article 58(1)(a) of Regulation (EU) 2017/1001 - Nature of the use - Form differing in elements which do not alter the distinctive character - Use in connection with the services in respect of which the mark was registered)
(2023/C 24/50)
Language of the case: English
Parties
Applicant: Epsilon Data Management LLC (Plano, Texas, United States) (represented by: J. Bussé and C. De Preter, lawyers)
Defendant: European Union Intellectual Property Office (represented by: I. Harrington, D. Gája and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Epsilon Technologies, SL (Madrid, Spain) (represented by: J. Carbonell Callicó and E. Felip Corrius, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 1 June 2021 (Joined Cases R 1611/2020-5 and R 1839/2020-5).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Epsilon Data Management LLC to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Epsilon Technologies, SL.
(*) Language of the case: English.
(1) OJ C 412, 11.10.2021.