Alcolock and breathalyser devices – a General Court decision

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The General Court of the EU ruled in Case T 638/15 Alcohol Countermeasure Systems (International) Inc. v EUIPO. The case concerns an invalidation procedure against an EU trademark ALCOLOCK, which was based on an earlier UK trademark ALCOLOCK, in light of  Article 53(1)(a) in conjunction with Article 8(1)(a) and (b) EUTMR.

The Board of Appeal decided that the applicant proved a genuine use of its mark on the territory of the UK. The reasons behind this conclusion were that the owner of the earlier mark submitted sufficient pieces of evidence. One of them was the fact that applicant acted as a licensee using a similar mark for identical goods. In addition to that, the applicant showed a selection of invoices, accompanied by purchase orders and email requests, a selection of press articles and advertisements, together with invoices for placing them.

Although the invoices revealed sells for only 350 breathalyser devices during the relevant periods, according to the Board this was sufficient taking into account the nature of these products.

The General Court upheld this decision.

 

 

 

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