Community trade mark - Revocation proceedings - Figurative Community mark PINE TREE - Genuine use of the mark - Articles 50(1)(a) and 55(1)(a) of Regulation (EC) No 40/04 (now Articles 51(1)(a) and 56(1)(a) of Regulation (EC) No 207/2009).

Judgment of the General Court (Sixth Chamber) of 13 January 2011 – Park v OHIM – Bae (PINE TREE) (Case T-28/09) Community trade mark – Revocation proceedings – Figurative Community mark PINE TREE – Genuine use of the mark – Articles 50(1)(a) and 55(1)(a) of Regulation (EC) No 40/94 (now Articles 51(1)(a) and 56(1)(a) of Regulation (EC) No 207/2009) 1.                     Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Concept – Criteria for assessment (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 82-85) 2.                     Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Concept – Determination of a minimal quantitative use threshold – Not included (Council Regulation No 40/94, Art. 43(2) and (3)) (see para. 86) 3.                     Community trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark (Council Regulation No 40/94, Art. 50(1)(a)) (see paras 89-96) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 November 2008 (Case R 1882/2007-4) concerning revocation proceedings between Mr Mo-Hwa Park and Mr Chong-Yun Bae. Information relating to the case Registered Community trade mark of which cancellation sought: Figurative mark PINE TREE for goods in Class 28 – Community trade mark No 318857) Proprietor of the Community trade mark: Mr Chong-Yun Bae Party requesting cancellation of the Community trade mark: Mr Mo-Hwa Park Decision of the Cancellation Division: Declaration of revocation of the Community trade mark concerned Decision of the Board of Appeal: Annulment of the contested decision and rejection of the application for a declaration of revocation of the trade mark concerned Operative part The Court: 1. Dismisses the action; 2. Orders Mr Mo-Hwa Park to pay the costs.