Summary:
Original Link:
Original Article:
Judgment of the General Court of 25 June 2025 – K-Way v EUIPO – Gubbini (Representation of five coloured parallel strips)
(Case T-372/24)
(EU trade mark – Revocation proceedings – EU figurative mark representing five coloured parallel strips – Genuine use of the mark – Nature of use – Use in relation to goods in respect of which the mark is registered – Article 18(1)(a) and Article 58(1)(a) of Regulation (EU) 2017/1001)
Language of the case: Italian
Parties
Applicant: K-Way SpA (Milan, Italy) (represented by: D. Sindico and E. Ravezzani, lawyers)
Defendant: European Union Intellectual Property Office (represented by: R. Raponi, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Adorno Gubbini (Bagnolo Mella, Italy)
Re:
By its action under Article 263 TFEU, the applicant seeks the alteration and, in the alternative, the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 May 2024 (Case R 1748/2023-2).
Operative part of the judgment
The Court:
1. Alters the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 May 2024 (Case R 1748/2023-2) in so far as it concerns shopping bags, in Class 18, and upholds, in respect of those goods, the action brought before that Board of Appeal of EUIPO by K-Way SpA against the decision of the Cancellation Division of 11 July 2023;
2. The decision of the Cancellation Division of 11 July 2023 is annulled to the extent that it revoked the EU trade mark registered under No 3971561 for non-use in respect of the abovementioned shopping bags;
3. Dismisses the action as to the remainder;
4. Orders each party to bear its own costs.