*Scooters India Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

European Union – Trade marks. The applicant sought the partial annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (the Board), substantially upholding the decision of the Cancellation Division to revoke its Community trade mark 'LAMBRETTA'. The General Court of the European Union, in allowing the action, held that the Board had been required to examine the genuine use of the mark in relation to spare parts. Given that the Board had not carried out such an examination, the decision had to be annulled on the basis of infringement of art 51(2) of Council Regulation (EC) 207/2009.

Category: