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Case T-329/21: Judgment of the General Court of 22 June 2022 — Puma v EUIPO — V. Fraas (FRAAS) (EU trade mark — Revocation proceedings — EU word mark FRAAS — Genuine use of a mark — Use in connection with the goods in respect of which the mark was registered — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) — Proof of genuine use)
ECLI:EU:UNKNOWN:62021TA0329
62021TA0329
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Official Journal of the European Union
C 303/41
(Case T-329/21) (*)
(EU trade mark - Revocation proceedings - EU word mark FRAAS - Genuine use of a mark - Use in connection with the goods in respect of which the mark was registered - Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) - Proof of genuine use)
(2022/C 303/51)
Language of the case: German
Parties
Applicant: Puma SE (Herzogenaurach, Germany) (represented by: M. Schunke, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and F. Tyra, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 March 2021 (Case R 2714/2019-5).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Puma SE to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by V. Fraas GmbH in the context of the present proceedings.
(*)
Language of the case: German.
ECLI:EU:C:2022:140
* * *
(<span class="oj-super">1</span>) OJ C 297, 26.7.2021.