Agrarfrost again appealed the decision, next to the General Court of the EU. Finally, the Board took the view that the 3D mark had been used in accordance with its main function and in a form which did not differ by elements in altering the distinctive character of that under which it had been registered. Based on the evidence of use of the mark provided by McCain, the Board was satisfied that the conditions related to the duration, place and extent of use were met. The Board noted that since the 3D mark was registered, it enjoyed a presumption of validity and as a consequence, its intrinsic distinctive character could not be challenged. The EUIPO Fifth Board of Appeal dismissed Agrarfrost’s appeal on 28 June 2021 and found in favour of McCain. Agrarfrost then appealed this decision to the EUIPO Fifth Board of Appeal. The Cancellation Division dismissed the request for revocation on 31 March 2020.
TRANSPARENT RECTANGLE SHAPE WITH SMILEY FACE REGISTRATION
On 2 January 2018, Agrarfrost applied to the EUIPO to revoke the registration on the grounds that the mark had not been used genuinely for an uninterrupted period of 5 years. The mark was registered on 25 September 2001 for the following goods in Class 29: “ Prefried potato croquettes and mashed potato products, deep-frozen.” McCain applied to the EUIPO to register the following 3D sign as a EUTM on 9 August 2000: We analyse the General Court ruling and its impact. In addition, the Court was required to examine whether the evidence provided by McCain made it possible to conclude that the trade mark was used in accordance with its essential function which is to indicate the commercial origin of the goods concerned during the relevant period. In ultimately reaching its decision, the General Court considered whether the use of a shape of a smiley face, registered as an EU trade mark (EUTM), altered the distinctive character of the registration. In addition, Agrafrost argued that McCain’s trade mark was not put to genuine use and McCain was required to produce evidence to the EUIPO demonstrating genuine use of the mark in the EU. A cancellation application was filed by Agrarfrost GmbH & Co KG (Agrarfrost) which claimed that the trade mark was invalid as it was not distinctive.
Hierarchical, palette, and multicolor rendering modes provide improved control to modify colors across symbols. SF Symbols 3 adds over 600 new symbols, including devices, health, gaming, and more.
0 kommentar(er)
