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Case T-109/17: Action brought on 21 February 2017 — FCA US v EUIPO — Busbridge (VIPER)
ECLI:EU:UNKNOWN:62017TN0109
62017TN0109
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18.4.2017
EN
Official Journal of the European Union
C 121/42
(Case T-109/17)
(2017/C 121/62)
Language in which the application was lodged: English
Parties
Applicant: FCA US LLC (City of Auburn Hills, Michigan, United States) (represented by: C. Morcom, QC)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Robert Dennis Busbridge (Hookwood, United Kingdom)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU word mark ‘VIPER’ — EU trade mark No 3 871 101
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the First Board of Appeal of EUIPO of 1 December 2016 in Case R 554/2016-1
Form of order sought
The applicant claims that the Court should:
—annul the decisions of the Cancellation Division and of the First Board of Appeal and that the application by Mr. Busbridge be remitted to the Cancellation Division for the appropriate action;
—the Applicant also seeks an order for costs.
Pleas in law
—The Board of appeal was wrong in concluding that Mr Busbridge had proved use in relation to the goods covered by the UK registration (namely ‘Sports cars’);
—The evidence submitted by Mr Busbridge was wholly inadequate to prove use that was ‘genuine’ as required by Art. 57 (2) and (3) of Regulation no 207/2009.