Europe General Court EUTM revocation action takes the biscuit

(Judgments of 23 October 2017 in Cases T-404/16 and T-418/16 – Galletas Gullón SA (Gullón) v EUIPO)

The General Court has recently overturned two EUIPO Board of Appeal decisions which deemed Gullón’s marks as used to be different to their registered 3D trade marks shown below due to differences in the dominant elements. It held that the minor changes to the brand as used were insufficient to alter the distinctive character of the registered marks, and that genuine use had therefore been proven.

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