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Case T-76/21: Judgment of the General Court of 19 January 2022 — Masterbuilders, Heiermann, Schmidtmann v EUIPO — Cirillo (POMODORO) (EU trade mark — Revocation proceedings — EU word mark POMODORO — Genuine use of the trade mark — Article 58(1)(a) of Regulation (EU) 2017/1001 — Statement setting out the grounds of appeal — Period for lodging — Article 58(3) of Delegated Regulation (EU) 2018/625 — Facts or evidence submitted for the first time before the Board of Appeal — Article 27(4) of Delegated Regulation 2018/625 — Proof of genuine use)

ECLI:EU:UNKNOWN:62021TA0076

62021TA0076

January 19, 2022
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Valentina R., lawyer

14.3.2022

Official Journal of the European Union

C 119/37

(Case T-76/21) (*)

(EU trade mark - Revocation proceedings - EU word mark POMODORO - Genuine use of the trade mark - Article 58(1)(a) of Regulation (EU) 2017/1001 - Statement setting out the grounds of appeal - Period for lodging - Article 58(3) of Delegated Regulation (EU) 2018/625 - Facts or evidence submitted for the first time before the Board of Appeal - Article 27(4) of Delegated Regulation 2018/625 - Proof of genuine use)

(2022/C 119/50)

Language of the case: English

Parties

Applicant: Masterbuilders, Heiermann, Schmidtmann GbR (Tübingen, Germany) (represented by: H. Hillers, lawyer)

Defendant: European Union Intellectual Property Office (represented by: R. Raponi and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Francesco Cirillo (Berlin, Germany)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 30 November 2020 (Case R 715/2020-5), relating to revocation proceedings between Masterbuilders, Heiermann, Schmidtmann and Mr Cirillo.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Masterbuilders, Heiermann, Schmidtmann GbR to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) in the proceedings before the General Court.

(*) Language of the case: English.

(1) OJ C 110, 29.3.2021.

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