Official Journal of the European Union
Judgment of the General Court of 2 March 2022 — Mood Media Netherlands v EUIPO — Tailoradio (MOOD MEDIA)
(Case T-615/20) (1)
(EU trade mark - Revocation proceedings - EU word mark MOOD MEDIA - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) - Article 15(1)(a) of Regulation No 207/2009 (now Article 18(1)(a) of Regulation 2017/1001) - Proof of genuine use)
Language of the case: English
Applicant: Mood Media Netherlands BV (Naarden, Netherlands) (represented by: A.M. Pecoraro, lawyer)
Defendant: European Union Intellectual Property Office (represented by: L. Rampini, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Tailoradio Srl (Milan, Italy) (represented by: M. Franzosi, A. Sobol, F. Santonocito and S. Bernardini, lawyers)
Action brought against the decision of the First Board of Appeal of EUIPO of 24 July 2020 (Case R 1767/2019-1), relating to revocation proceedings between Tailoradio and Mood Media Netherlands.
Operative part of the judgment
Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 July 2020 (Case R 1767/2019-1);
Dismisses the action as to the remainder;
Orders EUIPO to bear its own costs and to pay those incurred by Mood Media Netherlands BV;
Orders Tailoradio Srl to bear its own costs.
(1) OJ C 390, 16.11.2020.