3.12.2018
EN
Official Journal of the European Union
C 436/41
Judgment of the General Court of 18 October 2018 — FCA US v EUIPO — Busbridge (VIPER)
(Case T-109/17) (1)
((EU trade mark - Invalidity proceedings - EU word mark VIPER - Earlier national word mark VIPER - Genuine use of the earlier mark - Goods for which the earlier mark has been used - Extent of use of the earlier mark - Article 57(2) and (3) of Regulation (EC) No 207/2009 (now Article 64(2) and (3) of Regulation (EU) 2017/1001)))
(2018/C 436/58)
Language of the case: English
Parties
Applicant: FCA US LLC (City of Auburn Hills, Michigan, United States) (represented by: C. Morcom, QC)
Defendant: European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Robert Dennis Busbridge (Hookwood, United Kingdom)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 1 December 2016 (Case R 554/2016-1), relating to invalidity proceedings between R.D. Busbridge and FCA US.
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders FCA US LLC to pay the costs.
(1) OJ C 121, 18.4.2017.
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