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Case T-615/20: Judgment of the General Court of 2 March 2022 — Mood Media Netherlands v EUIPO — Tailoradio (MOOD MEDIA) (EU trade mark — Revocation proceedings — EU word mark MOOD MEDIA — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) — Article 15(1)(a) of Regulation No 207/2009 (now Article 18(1)(a) of Regulation 2017/1001) — Proof of genuine use)
ECLI:EU:UNKNOWN:62020TA0615
62020TA0615
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Official Journal of the European Union
C 191/26
(Case T-615/20) (*)
(EU trade mark - Revocation proceedings - EU word mark MOOD MEDIA - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) - Article 15(1)(a) of Regulation No 207/2009 (now Article 18(1)(a) of Regulation 2017/1001) - Proof of genuine use)
(2022/C 191/35)
Language of the case: English
Parties
Applicant: Mood Media Netherlands BV (Naarden, Netherlands) (represented by: A.M. Pecoraro, lawyer)
Defendant: European Union Intellectual Property Office (represented by: L. Rampini, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Tailoradio Srl (Milan, Italy) (represented by: M. Franzosi, A. Sobol, F. Santonocito and S. Bernardini, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 24 July 2020 (Case R 1767/2019-1), relating to revocation proceedings between Tailoradio and Mood Media Netherlands.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 July 2020 (Case R 1767/2019-1);
2.Dismisses the action as to the remainder;
3.Orders EUIPO to bear its own costs and to pay those incurred by Mood Media Netherlands BV;
4.Orders Tailoradio Srl to bear its own costs.
(*)
Language of the case: English
OJ C 390, 16.11.2020.
* * *
(1) Language of the case: English.