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Case T-211/23: Judgment of the General Court of 16 October 2024 – Fractal Analytics v EUIPO – Fractalia Remote Systems (FRACTALIA Remote Systems) (EU trade mark – Revocation proceedings – EU figurative mark FRACTALIA Remote Systems – Genuine use of the 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 evidence – Comparison of the subcategories of services used and the specification of the services covered by the mark)
ECLI:EU:UNKNOWN:62023TA0211
62023TA0211
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Official Journal of the European Union
C series
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C/2024/7162
9.12.2024
(Case T-211/23)
(EU trade mark - Revocation proceedings - EU figurative mark FRACTALIA Remote Systems - Genuine use of the 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 evidence - Comparison of the subcategories of services used and the specification of the services covered by the mark)
(C/2024/7162)
Language of the case: Spanish
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. Nicolás Gómez, 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 30 January 2023 (Case R 858/2022-2).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Fractal Analytics, Inc. to bear its own costs and to pay those incurred by Fractalia Remote Systems, SL;
3.Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.
*
Language of the case: Spanish.
ELI: http://data.europa.eu/eli/C/2024/7162/oj
ISSN 1977-091X (electronic edition)
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