Galletas Gullon, SA v European Union Intellectual Property Office

European Union – Trade marks. The decision by the Fourth Board of the European Union Intellectual Property Office, in the course of revocation proceedings between O2 Holdings Ltd and Galletas Gullon, SA, to revoke the latter's rights in the mark on the basis that: (a) the latter company had used the mark applied for in a manner that had altered the distinctive character of the mark as registered; and (b) there had not been genuine use of that mark, was annulled. The General Court of the European Union held that the Board had erred in arriving at its decision, thereby infringing art 51(1) of Council Regulation (EC) No 207/2009.

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