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Case T-194/23: Judgment of the General Court of 16 October 2024 – Fractal Analytics v EUIPO – Fractalia Remote Systems (FRACTALIA) (EU trade mark – Revocation proceedings – EU figurative mark FRACTALIA – Genuine use of the trade mark – Article 18(1) and (2) and Article 58(1)(a) and (2) of Regulation (EU) 2017/1001 – Evidence submitted for the first time before the Board of Appeal – Article 27(4) of Delegated Regulation (EU) 2018/625 – Nature of use – Assessment of the evidence – Comparison between the subcategories of services used and the specification of the services covered by the trade mark)
ECLI:EU:UNKNOWN:62023TA0194
62023TA0194
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Official Journal of the European Union
C series
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C/2024/7160
(Case T-194/23)
(EU trade mark - Revocation proceedings - EU figurative mark FRACTALIA - Genuine use of the trade mark - Article 18(1) and (2) and Article 58(1)(a) and (2) of Regulation (EU) 2017/1001 - Evidence submitted for the first time before the Board of Appeal - Article 27(4) of Delegated Regulation (EU) 2018/625 - Nature of use - Assessment of the evidence - Comparison between the subcategories of services used and the specification of the services covered by the trade mark)
(C/2024/7160)
Language of the case: English
Parties
Applicant: Fractal Analytics, Inc. (New York, New York, United States) (represented by: J. Güell Serra, lawyer)
Defendant: European Union Intellectual Property Office (represented by: E. Markakis, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Fractalia Remote Systems, SL (Madrid, Spain) (represented by: L. Jáudenes Sánchez, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 31 January 2023 (Case R 859/2022-2).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Fractal Analytics, Inc. to pay the costs incurred by Fractalia Remote Systems, SL and to bear its own costs;
3.Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.
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Language of the case: English.
ELI: http://data.europa.eu/eli/C/2024/7160/oj
ISSN 1977-091X (electronic edition)
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