An interesting case before the European Court of First Instance concerning the bite of Dracula. Well, three trademarks Dracula Bite.
A Romanian trademark holder (how could it be otherwise in the case of Dracula) filed three oppositions against the European applications Dracula Bite. Since the use requirements were applicable and the applicant requested proof of use, the opponent filed evidence of the genuine use of its mark: 6 invoices, a picture of the trademarks and a promotional text were submitted.
The European trademark rejected the opposition as this evidence was insufficient to demonstrate use. The same happened in appeal. And now the Court of First Instance, after examining the case, did not find any errs in law.
This decision shows again that the duty to provide evidence of use cannot be taken lightly. Conclusive evidence must be submitted. Also interesting is paragraph 28 where the Court underlined that volume is not the king and can (and in case of low volumes, as in this case must) be compensated by other factors.
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