Plaintiff: Nikai Gulf FZCO
Defendant: YIWU TARGET ELECTRIC APPLIANCE CO., LTD
Case no.: R1346/2022-4
Jurisdiction: European Union
Industry: Technology
Decision date: 02 Jun, 2023
The evidence filed to prove use of the earlier mark was found to be insufficient by the Opposition Division. Additional documents were provided at appeal stage which was accepted by the Boards. However, after examining the evidence, the Board concluded that the conditions for time and place of use had not been fulfilled. The evidence did not contain sufficient information concerning the commercial volume, the territorial scope, the duration, and the frequency of use of the earlier mark in the relevant territory. The scarce use shown by the opponent qualifies at most, as token use. The appeal is dismissed.
NIKAI
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