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Case T-146/15: Judgment of the General Court of 13 September 2016 — hyphen v EUIPO — Skylotec (Representation of a polygon) (EU trade mark — Revocation proceedings — EU figurative mark representing a polygon — Genuine use of a mark — Second subparagraph of Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing in components which do not alter the distinctive character of the mark)
ECLI:EU:UNKNOWN:62015TA0146
62015TA0146
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24.10.2016
Official Journal of the European Union
C 392/33
(Case T-146/15)(<span class="super note-tag">1</span>)
((EU trade mark - Revocation proceedings - EU figurative mark representing a polygon - Genuine use of a mark - Second subparagraph of Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 - Form differing in components which do not alter the distinctive character of the mark))
(2016/C 392/41)
Language of the case: German
Parties
Applicant: hyphen GmbH (Munich, Germany) (represented by: M. Gail and M. Hoffmann, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Fischer, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Skylotec GmbH (Neuwied, Germany) (represented by: M. De Zorti and M. Helfrich, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 9 March 2015 (Case R 1506/2014-4), concerning revocation proceedings between Skylotec and hyphen.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 9 March 2015 (Case R 1506/2014-4), concerning revocation proceedings between Skylotec GmbH and hyphen GmbH in so far as the Board of Appeal found, with respect to goods in Classes 9 and 25 within the meaning of the Nice Agreement concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks of 15 June 1957, as revised and amended, that the proprietor of the registered European Union trade mark should have its rights revoked.
2.Dismisses the action as to the remainder.
3.Orders EUIPO to bear its own costs and to pay those incurred by hyphen.
4.Orders Skylotec to bear its own costs.
(<span class="super">1</span>) OJ C 171, 26.5.2015.