Abstract
... This article provides an analysis of the following trade mark decisions issued in 2022. ... The decisions concern substantive and procedural aspects relating to the application of Article 7 of the EU Trade Mark Regulation (EUTMR) 2017/1001:1 ... ... ... The analysis of each decision is presented in accordance with the following template: (1) Summary (2) Background (3) Analysis (4) Practical and broader significance The European Union Intellectual Property Office’s (EUIPO’s) decision to reject a request for a declaration of revocation filed by Agrarfrost GmbH (the Cancellation Applicant), based on a lack of genuine use and alteration of distinctive character in respect of a three-dimensional EUTM in the form of a smiley face for ‘prefried potato croquettes and mashed potato products, deep-frozen’ in Class 29, owned by the McCain company (the Proprietor), was upheld by the General Court (GC).
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