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Judgment of the General Court (Fifth Chamber) of 21 June 2012. # Fruit of the Loom, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Revocation proceedings - Community word mark FRUIT - Non-use - Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009. # Case T-514/10.

ECLI:EU:T:2012:316

62010TJ0514

June 21, 2012
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(Case T-514/10)

Community trade mark — Revocation proceedings — Community word mark FRUIT — Non-use — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009

3. Community trade mark — Surrender, revocation and invalidity — Causes of revocation — No genuine use of a trade mark — Use of the mark in a form which differs through factors not altering the distinctive character of the mark — Subject-matter and scope of Article 15(1)(a) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 15(1)(a)) (see paras 28, 29, 38)

6. Community trade mark — Surrender, revocation and invalidity — Causes of revocation — No genuine use of a trade mark — Criteria for assessment — Requirement of solid and objective evidence (Council Regulation No 207/2009, Art. 15(1), and Art. 78(1)(f)); Commission Regulation No 2868/95, Art. 1, Rule 22(3)) (see paras 51, 52, 55)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 August 2010 (Case R 1686/2008-4) concerning revocation proceedings between Blueshore Management SA and Fruit of the Loom, Inc.

Operative part

The Court:

1.Dismisses the action;

2.Orders Fruit of the Loom, Inc. to bear its own costs and to pay those incurred by OHIM;

3.Orders Blueshore Management SA to bear its own costs.

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