Дело T-***/**: *****************, Съдебно решение от **.**.2017 г.

Текст

... al — Article 8(1)(a) and (b) and Article 53(1)(a) and (b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark)

In Case T‑638/15,

Alcohol Countermeasure Systems (International) Inc., established in Toronto (Canada), represented by E. Baud and P. Marchiset, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by S. Hanne, acting as Agent,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being

Lion Laboratories Ltd, established in Barry (United Kingdom),

ACTION brought against the decision of the First Board of Appeal of EUIPO of 11 August 2015 (Case R 1323/2014-1) relating to invalidity proceedings between Lion Laboratories and Alcohol Countermeasure Systems (International),

THE GENERAL COURT (First Chamber),

composed of I. Pelikánová, President, V. Valančius (Rapporteur) and U. Öberg, Judges,

Registrar: I. Dragan, Administrator,

having regard to the application lodged at the Court Registry on 12 November 2015,

having regard to the response lodged at the Court Registry on 4 February 2016,

further to the hearing on 10 January 2017,

gives the following

Judgment

Background to the dispute

1. On 28 January 2010, the applicant, Alcohol Countermeasure Systems (International) Inc., obtained from the European Union Intellectual Property Office (EUIPO), and on the basis of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (OJ 2009 L 78, p. 1), registration of the EU word mark ALCOLOCK under the number 8 443 301.

2. The goods and services in respect of which that mark was ...