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Case T-30/16: Judgment of the General Court of 15 February 2017 — M. I. Industries v EUIPO — Natural Instinct (Natural Instinct Dog and Cat food as nature intended) (EU trade mark — Opposition proceedings — Application for EU figurative mark Natural Instinct Dog and Cat food as nature intended — Earlier EU word marks INSTINCT and NATURE’S VARIETY — Genuine use of the earlier mark — Nature of the use — Article 42(2) of Regulation No 207/2009 — Rule 22(3) and (4) of Regulation (EC) No 2868/95)
ECLI:EU:UNKNOWN:62016TA0030
62016TA0030
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27.3.2017
Official Journal of the European Union
C 95/11
(Case T-30/16) (<span class="super note-tag">1</span>)
((EU trade mark - Opposition proceedings - Application for EU figurative mark Natural Instinct Dog and Cat food as nature intended - Earlier EU word marks INSTINCT and NATURE’S VARIETY - Genuine use of the earlier mark - Nature of the use - Article 42(2) of Regulation No 207/2009 - Rule 22(3) and (4) of Regulation (EC) No 2868/95)
(2017/C 095/19)
Language of the case: English
Parties
Applicant: M. I. Industries, Inc. (Lincoln, Nebraska, United States) (represented by: initially by T. Elias, Barrister, and B. Cookson, Solicitor, and subsequently by M. Montañá Mora, lawyer)
Defendant: European Union Intellectual Property Office (represented by: E. Zaera Cuadrado, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Natural Instinct Ltd (Camberley, United Kingdom) (represented by: C. Spintig, S. Pietzcker, lawyers, and B. Brandreth, Barrister)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 26 November 2015 (Case R 2944/2014-5), relating to opposition proceedings between M. I. Industries and Natural Instinct.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 26 November 2015 (Case R 2944/2014-5) in so far as it concludes that there is no genuine use of the earlier word mark INSTINCT;
2.Dismisses the action as to the remainder;
3.Orders EUIPO to bear, in addition to its own costs, half of the costs incurred by M. I. Industries Inc.;
4.Orders M. I. Industries to bear half of its own costs;
5.Orders Natural Instinct Ltd to bear its own costs.
(<span class="super">1</span>) OJ C 106, 21.3.2016.