General Court (Ninth Chamber), 14 April 2016, in case T-20/15 (Henkell & Co. Sektkellerei KG v. EUIPO Ciacci Piccolomini d’Aragona di Bianchini Società Agricola)
Regulation (EC) No 207/2009 − Article 42(2) — No genuine use of the earlier mark
Genuine use of a trade mark may be held to exist only where that mark is used to guarantee the identity of the origin of the goods or services for which it was registered, it means in accordance with its essential function.
The earlier mark had been used in a descriptive manner, namely in order to describe a bottle of a certain size. This conclusion does not come from an examination of the distinctive character of the mark per se, but from the perception of the sign resulting from the actual conditions of its use as a trade mark.
categoria:European Case Law