Date of decision: 08.02.18

Reg 207/2009

Application

  • recording discs, cleaning devices for recording discs, loudspeakers, loudspeaker systems, sound amplifiers, video tapes, magnetic tapes, cabinets for loudspeakers, video cameras, exposed cinematographic films, compact discs, transparencies, photographic apparatus, computers, video screens, apparatus for the reproduction of sound and images, television sets, record players (9) 

Commentary

In revocation proceedings, the GC annulled the decision of the BoA, pursuant to Art 65(6).  

In an earlier decision (T-690/14 Vieta (not reported)), the GC held that 'apparatus for the reproduction of sound and images' was not defined sufficiently precisely and narrowly, annulled the first decision of the BoA insofar as it held that genuine use had been demonstrated for 'apparatus for the reproduction of sound and images' and dismissed the appeal against the decision rejecting the revocation of the mark for those goods. The decision in T-690/14 was not appealed, which had consequently aqcuired the force of res juridicata. The proceedings were referred back to the Fourth BoA (R1010/2016-4). 

The Fourth BoA was entitled to take a new decision in the revocation action insofar as it related to those goods. However, the GC held the Fourth BoA had clearly disregarded the judgment of the GC in T-690/14, by finding that the term 'apparatus for the reproduction of sound and images' had a clear and specific content and covered only a single type of product, namely television sets, and by inferring therefrom that proof of genuine use had been adduced in respect of those goods. The GC consequently annulled the decision of the Fourth BoA.