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Case T-29/21: Judgment of the General Court of 22 June 2022 — Beveland v EUIPO — Super B (BUCANERO) (EU trade mark — Revocation proceedings — EU word mark BUCANERO — Genuine use of the trade mark — Article 18(1), second subparagraph, point (a) and Article 58(1) point (a) of Regulation 2017/1001 — Form differing in elements which do not alter the distinctive character of the mark — Proof of genuine use)

ECLI:EU:UNKNOWN:62021TA0029

62021TA0029

June 22, 2022
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Official Journal of the European Union

C 303/40

(Case T-29/21) (*)

(EU trade mark - Revocation proceedings - EU word mark BUCANERO - Genuine use of the trade mark - Article 18(1), second subparagraph, point (a) and Article 58(1) point (a) of Regulation 2017/1001 - Form differing in elements which do not alter the distinctive character of the mark - Proof of genuine use)

(2022/C 303/49)

Language of the case: Spanish

Parties

Applicant: Beveland, SA (Sant Joan les Fonts, Spain) (represented by: J. Carbonell Callicó, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Super B, SL (Talavera de la Reina, Spain) (represented by: K. Guridi Sedlak, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 5 November 2020 (Case R 1046/2020-5), relating to revocation proceedings between Beveland and Super B.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Beveland, SA to pay the costs.

(*) Language of the case: Spanish.

(1) OJ C 79, 8.3.2021.

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