CANCELLATION No 32 761 C (REVOCATION)

Wanda Films, S.L. and Wanda Visión, S.A., Avenida Europa, 16, chalet 1, 28224 Pozuelo de Alarcón, Spain (applicants), represented by Sabatellini & Associats, C/ Aragó, 268, 2º 2ª, 08007 Barcelona, Spain (professional representatives)

a g a i n s t

Dalian Wanda Group Co., Ltd., Changjiang Road No. 539, Xigang District, Dalian, People’s Republic of China (EUTM proprietor), represented by Noerr Alicante IP, S.L., Avenida México 20, 03008 Alicante, Spain (professional representatives).

On 11/06/2020, the Cancellation Division takes the following

DECISION

1. The application for revocation is upheld.

2. The EUTM proprietor’s rights in respect of European Union trade mark No 11 645 405 are revoked as from 11/02/2019 for all the contested goods and services, namely all the goods and services covered in Classes 9, 28, 35, 38, 41 and 43.

3. The European Union trade mark remains registered for all the uncontested goods and services, namely all the goods and services covered in Classes 10, 16, 32, 33, 36, 37, 39, 42 and 44.

4. The EUTM proprietor bears the costs, fixed at EUR 1 080.

REASONS

The applicants filed a request for revocation of European Union trade mark registration No 11 645 405 ‘WANDA CITY’ (word mark) (the EUTM). The request is directed against some of the goods and services covered by the EUTM, namely all the goods and services covered by the EUTM in Classes 9, 28, 35, 38, 41 and 43. These are the following:

Class 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; Apparatus for recording, transmission or reproduction of sound or images; Magnetic data carriers, recording discs; Compact discs, DVDs and other digital recording media; Mechanisms for coin-operated apparatus; Cash registers, calculating machines, data processing equipment, computers; Computer software; Fire-extinguishing apparatus; Abacuses; Accumulators, electric; Acid hydrometers; Acidimeters for batteries; Acoustic conduits; Acoustic couplers; Actinometers; Adding machines; Aerials; Aerometers; Air analysis apparatus; Alarm bells, electric; Alarms; Alcoholmeters; Alidades; Altimeters; Ammeters; Amplifiers; Amplifying tubes; Anemometers; Animated cartoons; Anode batteries; Anodes; Answering machines; Anti-glare glasses; Anti-glare visors; Anti-interference devices [electricity]; Anti-theft warning apparatus; Anticathodes; Apertometers [optics]; Apparatus and installations for the production of X-rays, not for medical purposes; Apparatus and instruments for astronomy; Apparatus and instruments for physics; Apparatus for changing record player needles; Apparatus for editing cinematographic film; Apparatus for fermentation [laboratory apparatus]; Apparatus for measuring the thickness of skins; Apparatus to check franking; Appliances for measuring the thickness of leather; Armatures [electricity]; Asbestos clothing for protection against fire; Asbestos gloves for protection against accidents; Asbestos screens for firemen; Audio- and video-receivers; Audiovisual teaching apparatus; Automated teller machines [ATM]; Automatic indicators of low pressure in vehicle tires; Azimuth instruments; Bags adapted for laptops; Balances [steelyards]; Balancing apparatus; Bar code readers; Barometers; Batteries, electric; Batteries, electric, for vehicles; Batteries for lighting; Battery boxes; Battery chargers; Battery jars; Beacons, luminous; Bells [warning devices]; Betatrons; Binoculars; Blinkers [signalling lights]; Blueprint apparatus; Boiler control instruments; Branch boxes [electricity]; Breathing apparatus, except for artificial respiration; Breathing apparatus for underwater swimming; Bullet-proof waistcoats; Buzzers; Cabinets for loudspeakers; Cables, electric; Calculating disks; Calculating machines; Calibrating rings; Calipers; Camcorders; Cameras [photography]; Capacitors; Capillary tubes; Carpenters' rules; Carriers for dark plates [photography]; Cases especially made for photographic apparatus and instruments; Cases fitted with dissecting instruments [microscopy]; Cash registers; Cassette players; Cathodes; Cathodic anti-corrosion apparatus; Cell phone straps; Centering apparatus for photographic transparencies; Central processing units [processors]; Chargers for electric batteries; Chemistry apparatus and instruments; Chips [integrated circuits]; Choking coils [impedance]; Chromatography apparatus for laboratory use; Chronographs [time recording apparatus]; Cinematographic cameras; Cinematographic film, exposed; Circuit breakers; Circuit closers; Cleaning apparatus for phonograph records; Clinometers; Clothing especially made for laboratories; Clothing for protection against accidents, irradiation and fire; Clothing for protection against fire; Coaxial cables; Coils, electric; Coin-operated mechanisms for television sets; Collectors, electric; Commutators; Compact disc players; Compact discs [audio-video]; Compact discs [read-only memory]; Comparators; Compasses [measuring instruments]; Computer game software; Computer keyboards; Computer memory devices; Computer operating programs, recorded; Computer peripheral devices; Computer programmes [programs], recorded; Computer programs [downloadable software]; Computer software, recorded; Computers; Conductors, electric; Connections for electric lines; Connectors [electricity]; Contact lenses; Contacts, electric; Containers for contact lenses; Containers for microscope slides; Control panels [electricity]; Converters, electric; Copper wire, insulated; Correcting lenses [optics]; Cosmographic instruments; Couplers [data processing equipment]; Couplings, electric; Covers for electric outlets; Crash test dummies; Cupels [laboratory]; Current rectifiers; Cyclotrons; Darkroom lamps [photography]; Darkrooms [photography]; Data processing apparatus; Decompression chambers; Decorative magnets; Demagnetizing apparatus for magnetic tapes; Densimeters; Densitometers; Detectors; Diagnostic apparatus, not for medical purposes; Diaphragms [acoustics]; Diaphragms for scientific apparatus; Diaphragms [photography]; Dictating machines; Diffraction apparatus [microscopy]; Digital photo frames; Directional compasses; Disk drives for computers; Disks, magnetic; Distance measuring apparatus; Distance recording apparatus; Distillation apparatus for scientific purposes; Distribution boards [electricity]; Distribution boxes [electricity]; Distribution consoles [electricity]; Divers' masks; Diving suits; DNA chips; Dog whistles; Dosimeters; Downloadable image files; Downloadable music files; Downloadable ring tones for mobile phones; Dressmakers' measures; Drying apparatus for photographic prints; Drying racks [photography]; Ducts [electricity]; DVD players; Dynamometers; Ear plugs for divers; Egg-candlers; Electric apparatus for commutation; Electric apparatus for remote ignition; Electric discharge tubes, other than for lighting; Electric door bells; Electric installations for the remote control of industrial operations; Electric loss indicators; Electricity conduits; Electrified fences; Electrified rails for mounting spot lights; Electro-dynamic apparatus for the remote control of railway points; Electro-dynamic apparatus for the remote control of signals; Electrolysers; Electromagnetic coils; Electronic agendas; Electronic notice boards; Electronic pens [visual display units]; Electronic pocket translators; Electronic publications, downloadable; Electronic tags for goods; Encoded identification bracelets, magnetic; Encoded magnetic cards; Enlarging apparatus [photography]; Epidiascopes; Ergometers; Exposure meters [light meters]; Eyeglass cases; Eyeglass chains; Eyeglass cords; Eyeglass frames; Eyepieces; Facsimile machines; False coin detectors; Fibre [fiber (Am)] optic cables; Film cutting apparatus; Films, exposed; Filters for respiratory masks; Filters for ultraviolet rays, for photography; Filters [photography]; Fire alarms; Fire beaters; Fire blankets; Fire boats; Fire engines; Fire escapes; Fire extinguishers; Fire hose; Fire hose nozzles; Fire pumps; Flash-bulbs [photography]; Flashlights [photography]; Floppy disks; Fluorescent screens; Fog signals, non-explosive; Food analysis apparatus; Frames for photographic transparencies; Frequency meters; Furniture especially made for laboratories; Fuse wire; Fuses; Galena crystals [detectors]; Galvanic batteries; Galvanic cells; Galvanometers; Garments for protection against fire; Gas testing instruments; Gasometers [measuring instruments]; Gauges; Glass covered with an electrical conductor; Glazing apparatus for photographic prints; Global Positioning System [GPS] apparatus; Gloves for divers; Gloves for protection against accidents; Gloves for protection against X-rays for industrial purposes; Goggles for sports; Graduated glassware; Grids for batteries; Hands free kits for phones; Head cleaning tapes [recording]; Headphones; Heat regulating apparatus; Heliographic apparatus; Hemline markers; High-frequency apparatus; Holders for electric coils; Holograms; Horns for loudspeakers; Hourglasses; Hydrometers; Hygrometers; Identification sheaths for electric wires; Identification threads for electric wires; Identity cards, magnetic; Incubators for bacteria culture; Inductors [electricity]; Instruments containing eyepieces; Integrated circuit cards [smart cards]; Integrated circuits; Intercommunication apparatus; Interfaces for computers; Inverters [electricity]; Invoicing machines; Ionization apparatus not for the treatment of air or water; Jigs [measuring instruments]; Juke boxes for computers; Juke boxes, musical; Junction boxes [electricity]; Junction sleeves for electric cables; Knee-pads for workers; Laboratory centrifuges; Laboratory trays; Lactodensimeters; Lactometers; Laptop computers; Lasers, not for medical purposes; Lens hoods; Lenses for astrophotography; Letter scales; Levelling instruments; Levels [instruments for determining the horizontal]; Life belts; Life buoys; Life jackets; Life nets; Life saving apparatus and equipment; Life-saving rafts; Light conducting filaments [optical fibers [fibres]]; Light dimmers [regulators], electric; Light-emitting diodes [LED]; Light-emitting electronic pointers; Lighting ballasts; Lightning arresters; Limiters [electricity]; Locks, electric; Logs [measuring instruments]; Loudspeakers; Magic lanterns; Magnetic data media; Magnetic encoders; Magnetic tape units for computers; Magnetic tapes; Magnetic wires; Magnets; Magnifying glasses [optics]; Manometers; Marine compasses; Marine depth finders; Marking buoys; Marking gauges [joinery]; Masts for wireless aerials; Material testing instruments and machines; Materials for electricity mains [wires, cables]; Mathematical instruments; Measures; Measuring apparatus; Measuring devices, electric; Measuring instruments; Measuring spoons; Mechanical signs; Mechanisms for coin-operated apparatus; Mechanisms for counter-operated apparatus; Megaphones; Mercury levels; Metal detectors for industrial or military purposes; Meteorological balloons; Meteorological instruments; Meters; Metronomes; Micrometer screws for optical instruments; Micrometers; Microphones; Microprocessors; Microscopes; Microtomes; Milage recorders for vehicles; Mirrors for inspecting work; Mirrors [optics]; Modems; Money counting and sorting machines; Monitoring apparatus, electric; Monitors [computer hardware]; Monitors [computer programs]; Mouse [data processing equipment]; Mouse pads; Nautical apparatus and instruments; Naval signalling apparatus; Navigation apparatus for vehicles [on-board computers]; Navigational instruments; Neon signs; Nets for protection against accidents; Nose clips for divers and swimmers; Notebook computers; Objectives [lenses] [optics]; Observation instruments; Octants; Ohmmeters; Optical apparatus and instruments; Optical character readers; Optical condensers; Optical data media; Optical discs; Optical glass; Optical goods; Optical lamps; Optical lenses; Oscillographs; Ovens for laboratory use; Oxygen transvasing apparatus; Ozonisers [ozonators]; Parking meters; Particle accelerators; Pedometers; Peepholes [magnifying lenses] for doors; Periscopes; Personal stereos; Petri dishes; Petrol gauges; Phonograph records; Photocopiers [photographic, electrostatic, thermic]; Photographic racks; Photometers; Phototelegraphy apparatus; Photovoltaic cells; Pince-nez; Pipettes; Pitot tubes; Plane tables [surveying instruments]; Planimeters; Plates for batteries; Plotters; Plugs, sockets and other contacts [electric connections]; Plumb bobs; Plumb lines; Pocket calculators; Polarimeters; Portable media players; Portable telephones; Precision balances; Precision measuring apparatus; Pressure indicator plugs for valves; Pressure indicators; Pressure measuring apparatus; Printed circuit boards; Printed circuits; Printers for use with computers; Prisms [optics]; Probes for scientific purposes; Projection apparatus; Projection screens; Protection devices against X-rays, not for medical purposes; Protection devices for personal use against accidents; Protective helmets; Protective helmets for sports; Protective masks; Protective suits for aviators; Protractors [measuring instruments]; Punched card machines for offices; Push buttons for bells; Pyrometers; Quantity indicators; Radar apparatus; Radio pagers; Radiological apparatus for industrial purposes; Radiology screens for industrial purposes; Radios; Radiotelegraphy sets; Radiotelephony sets; Railway traffic safety appliances; Readers [data processing equipment]; Record players; Reducers [electricity]; Reflecting discs for wear, for the prevention of traffic accidents; Refractometers; Refractors; Regulating apparatus, electric; Relays, electric; Remote control apparatus; Resistances, electric; Respirators for filtering air; Respirators, other than for artificial respiration; Resuscitation mannequins [teaching apparatus]; Retorts; Retorts' stands; Revolution counters; Rheostats; Riding helmets; Road signs, luminous or mechanical; Rods for water diviners; Rods [surveying instruments]; Rulers [measuring instruments]; Rules [measuring instruments]; Saccharometers; Safety restraints, other than for vehicle seats and sports equipment; Safety tarpaulins; Salinometers; Satellite navigational apparatus; Satellites for scientific purposes; Scales; Scanners [data processing equipment]; Screens for photoengraving; Screens [photography]; Screw-tapping gauges; Semi-conductors; Sextants; Sheaths for electric cables; Shoes for protection against accidents, irradiation and fire; Shutter releases [photography]; Shutters [photography]; Sighting telescopes for firearms; Signal bells; Signal lanterns; Signalling buoys; Signalling panels, luminous or mechanical; Signalling whistles; Signals, luminous or mechanical; Signs, luminous; Simulators for the steering and control of vehicles; Sirens; Sleeves for laptops; Slide calipers; Slide projectors; Slide-rules; Slides [photography]; Smoke detectors; Socks, electrically heated; Solar batteries; Solderers' helmets; Solenoid valves [electromagnetic switches]; Sonars; Sound alarms; Sound locating instruments; Sound recording apparatus; Sound recording carriers; Sound recording strips; Sound reproduction apparatus; Sound transmitting apparatus; Sounding apparatus and machines; Sounding leads; Sounding lines; Spark-guards; Speaking tubes; Spectacle cases; Spectacle frames; Spectacle lenses; Spectacles [optics]; Spectrograph apparatus; Spectroscopes; Speed checking apparatus for vehicles; Speed indicators; Speed measuring apparatus [photography]; Speed regulators for record players; Spherometers; Spirit levels; Spools [photography]; Sprinkler systems for fire protection; Stage lighting regulators; Stands for photographic apparatus; Starter cables for motors; Steering apparatus, automatic, for vehicles; Step-up transformers; Stereoscopes; Stereoscopic apparatus; Stills for laboratory experiments; Stroboscopes; Styli for record players; Sulphitometers; Sunglasses; Surveying apparatus and instruments; Surveying chains; Surveying instruments; Surveyors' levels; Switchboards; Switchboxes [electricity]; Switches, electric; Tachometers; Tape recorders; Taximeters; Teaching apparatus; Teeth protectors; Telegraph wires; Telegraphs [apparatus]; Telemeters; Telephone apparatus; Telephone receivers; Telephone transmitters; Telephone wires; Teleprinters; Teleprompters; Telerupters; Telescopes; Television apparatus; Temperature indicator labels, not for medical purposes; Temperature indicators; Terminals [electricity]; Test tubes; Testing apparatus not for medical purposes; Theft prevention installations, electric; Theodolites; Thermionic tubes; Thermometers, not for medical purposes; Thermostats; Thermostats for vehicles; Ticket dispensers; Time clocks [time recording devices]; Time recording apparatus; Time switches, automatic; Tone arms for record players; Totalizators; Traffic cones; Traffic-light apparatus [signalling devices]; Transformers [electricity]; Transistors [electronic]; Transmitters of electronic signals; Transmitters [telecommunication]; Transmitting sets [telecommunication]; Transponders; Triodes; Tripods for cameras; Urinometers; USB flash drives; Vacuum gauges; Vacuum tubes [radio]; Variometers; Vehicle breakdown warning triangles; Vehicle radios; Verniers; Video cassettes; Video game cartridges; Video recorders; Video screens; Video telephones; Videotapes; Viewfinders, photographic; Viscosimeters; Voltage regulators for vehicles; Voltage surge protectors; Voltmeters; Voting machines; Wafers for integrated circuits; Waling glasses; Walkie-talkies; Washing trays [photography]; Water level indicators; Wavemeters; Weighbridges; Weighing apparatus and instruments; Weighing machines; Weights; Whistle alarms; Wind socks for indicating wind direction; Wire connectors [electricity]; Wires, electric; Workmen's protective face-shields; Wrist rests for use with computers; X-ray apparatus not for medical purposes; X-ray films, exposed; X-ray photographs, other than for medical purposes; X-ray tubes not for medical purposes.

Class 28: Games and playthings; Gymnastic and sporting articles not included in other classes; Decorations for Christmas trees; Air pistols [toys]; Amusement machines, automatic and coin-operated; Apparatus for games; Appliances for gymnastics; Arcade video game machines; Archery implements; Artificial fishing bait; Artificial snow for Christmas trees; Ascenders [mountaineering equipment]; Backgammon games; Bags especially designed for skis and surfboards; Balls for games; Bar-bells; Baseball gloves; Batting gloves [accessories for games]; Bells for Christmas trees; Billiard balls; Billiard cue tips; Billiard cues; Billiard markers; Billiard table cushions; Billiard tables; Bingo cards; Bite indicators [fishing tackle]; Bite sensors [fishing tackle]; Bladders of balls for games; Board games; Bob-sleighs; Body boards; Body-building apparatus; Bowling apparatus and machinery; Bows for archery; Boxing gloves; Building blocks [toys]; Building games; Butterfly nets; Camouflage screens [sports articles]; Candle holders for Christmas trees; Caps for pistols [toys]; Chalk for billiard cues; Checkerboards; Checkers [games]; Chess games; Chessboards; Chips for gambling; Christmas tree stands; Christmas trees of synthetic material; Clay pigeon traps; Clay pigeons [targets]; Climbers' harness; Coin-operated billiard tables; Confetti; Conjuring apparatus; Controllers for game consoles; Cosaques [toy fireworks]; Counters [discs] for games; Creels [fishing traps]; Cricket bags; Cups for dice; Darts; Detonating caps [toys]; Dice; Discuses for sports; Divot repair tools [golf accessories]; Dolls; Dolls' beds; Dolls' clothes; Dolls' feeding bottles; Dolls' houses; Dolls' rooms; Dominoes; Edges of skis; Elbow guards [sports articles]; Electronic targets; Exercisers [expanders]; Fairground ride apparatus; Fencing gloves; Fencing masks; Fencing weapons; Fish hooks; Fishing tackle; Flippers for swimming; Floats for fishing; Flying discs [toys]; Games; Gaming machines for gambling; Gloves for games; Golf bags, with or without wheels; Golf clubs; Golf gloves; Gut for fishing; Gut for rackets; Hang gliders; Harness for sailboards; Harpoon guns [sports articles]; Hockey sticks; Horseshoe games; Hunting game calls; Ice skates; In-line roller skates; Jigsaw puzzles; Kaleidoscopes; Kite reels; Kites; Knee guards [sports articles]; Landing nets for anglers; Lines for fishing; Lures for hunting or fishing; Machines for physical exercises; Mah-jong; Marbles for games; Masts for sailboards; Men's athletic supporters [sports articles]; Mobiles [toys]; Nets for sports; Ninepins; Novelties for parties, dances [party favors, favours]; Ornaments for Christmas trees, except illumination articles and confectionery; Pachinkos; Paintball guns [sports apparatus]; Paintballs [ammunition for paintball guns] [sports apparatus]; Paper party hats; Paragliders; Parlor games; Piñatas; Play balloons; Playing balls; Playing cards; Plush toys; Poles for pole vaulting; Portable games with liquid crystal displays; Practical jokes [novelties]; Protective paddings [parts of sports suits]; Punching bags; Puppets; Quoits; Rackets; Radio-controlled toy vehicles; Rattles [playthings]; Reels for fishing; Ring games; Rocking horses; Rods for fishing; Roller skates; Rollers for stationary exercise bicycles; Rosin used by athletes; Roulette wheels; Sailboards; Scale model kits [toys]; Scale model vehicles; Scent lures for hunting or fishing; Scooters [toys]; Scrapers for skis; Scratch cards for playing lottery games; Seal skins [coverings for skis]; Shin guards [sports articles]; Shuttlecocks; Skateboards; Skating boots with skates attached; Ski bindings; Skis; Skittles; Sleighs [sports articles]; Slides [playthings]; Sling shots [sports articles]; Slot machines [gaming machines]; Snow globes; Snowboards; Snowshoes; Soap bubbles [toys]; Sole coverings for skis; Spinning tops [toys]; Spring boards [sports articles]; Starting blocks for sports; Stationary exercise bicycles; Strings for rackets; Stuffed toys; Surf boards; Surf skis; Surfboard leashes; Swimming belts; Swimming jackets; Swimming kick boards; Swimming pools [play articles]; Swings; Tables for indoor football; Tables for table tennis; Targets; Teddy bears; Tennis ball throwing apparatus; Tennis nets; Theatrical masks; Toy masks; Toy pistols; Toy vehicles; Toys; Toys for domestic pets; Trampolines; Twirling batons; Video game machines; Water wings; Waterskis; Wax for skis; Weight lifting belts [sports articles].

Class 35: Advertising; Business management; Business administration; Office functions; Accounting; Administrative processing of purchase orders; Advertising by mail order; Advisory services for business management; Arranging newspaper subscriptions for others; Arranging subscriptions to telecommunication services for others; Auctioneering; Bill-posting; Business appraisals; Business auditing; Business efficiency expert services; Business information; Business inquiries; Business investigations; Business management and organization consultancy; Business management assistance; Business management consultancy; Business management of hotels; Business management of performing artists; Business management of sports people; Business organization consultancy; Business research; Commercial administration of the licensing of the goods and services of others; Commercial information agencies; Commercial information and advice for consumers [consumer advice shop]; Commercial or industrial management assistance; Compilation of information into computer databases; Compilation of statistics; Computerized file management; Cost price analysis; Data search in computer files for others; Demonstration of goods; Direct mail advertising; Dissemination of advertising matter; Distribution of samples; Document reproduction; Drawing up of statements of accounts; Economic forecasting; Employment agencies; Import-export agencies; Invoicing; Layout services for advertising purposes; Marketing; Marketing research; Marketing studies; Modelling for advertising or sales promotion; News clipping services; Office machines and equipment rental; On-line advertising on a computer network; Opinion polling; Organization of exhibitions for commercial or advertising purposes; Organization of fashion shows for promotional purposes; Organization of trade fairs for commercial or advertising purposes; Outsourcing services [business assistance]; Payroll preparation; Personnel management consultancy; Personnel recruitment; Photocopying services; Presentation of goods on communication media, for retail purposes; Price comparison services; Procurement services for others [purchasing goods and services for other businesses]; Production of advertising films; Professional business consultancy; Psychological testing for the selection of personnel; Public relations; Publication of publicity texts; Publicity; Publicity agencies; Publicity columns preparation; Publicity material rental; Radio advertising; Relocation services for businesses; Rental of advertising space; Rental of advertising time on communication media; Rental of photocopying machines; Rental of vending machines; Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies; Sales promotion for others; Secretarial services; Shop window dressing; Shorthand; Sponsorship search; Systemization of information into computer databases; Tax preparation; Telemarketing services; Telephone answering for unavailable subscribers; Television advertising; Transcription; Typing; Updating of advertising material; Word processing; Writing of publicity texts.

Class 38: Telecommunications; Cable television broadcasting; Cellular telephone communication; Communications by computer terminals; Communications by fiber [fibre] optic networks; Communications by telegrams; Communications by telephone; Computer aided transmission of messages and images; Electronic bulletin board services [telecommunications services]; Electronic mail; Facsimile transmission; Information about telecommunication; Message sending; Paging services [radio, telephone or other means of electronic communication]; Providing access to databases; Providing internet chatrooms; Providing online forums; Providing telecommunication channels for teleshopping services; Providing telecommunications connections to a global computer network; Providing user access to global computer networks; Radio broadcasting; Rental of access time to global computer networks; Rental of facsimile apparatus; Rental of message sending apparatus; Rental of modems; Rental of telecommunication equipment; Rental of telephones; Satellite transmission; Telecommunications routing and junction services; Teleconferencing services; Telegraph services; Telephone services; Television broadcasting; Telex services; Transmission of digital files; Transmission of greeting cards online; Transmission of telegrams; Videoconferencing services; Voice mail services; Wire service; Wireless broadcasting.

Class 41: Education; Providing of training; Entertainment; Sporting and cultural activities; Academies [education]; Amusement parks; Amusements; Animal training; Arranging and conducting of colloquiums; Arranging and conducting of concerts; Arranging and conducting of conferences; Arranging and conducting of congresses; Arranging and conducting of seminars; Arranging and conducting of symposiums; Arranging and conducting of workshops [training]; Arranging of beauty contests; Boarding schools; Booking of seats for shows; Bookmobile services; Calligraphy services; Cinema presentations; Circuses; Club services [entertainment or education]; Coaching [training]; Conducting fitness classes; Correspondence courses; Disc jockey services; Discotheque services; Dubbing; Education information; Educational examination; Electronic desktop publishing; Entertainer services; Entertainment information; Film production, other than advertising films; Gambling; Game services provided on-line from a computer network; Games equipment rental; Gymnastic instruction; Health club services [health and fitness training]; Holiday camp services [entertainment]; Language interpreter services; Layout services, other than for advertising purposes; Lending libraries; Microfilming; Modelling for artists; Movie studios; Music composition services; Music-halls; News reporters services; Night clubs; Nursery schools; Operating lotteries; Orchestra services; Organization of balls; Organization of competitions [education or entertainment]; Organization of exhibitions for cultural or educational purposes; Organization of fashion shows for entertainment purposes; Organization of shows [impresario services]; Organization of sports competitions; Party planning [entertainment]; Personal trainer services [fitness training]; Photographic reporting; Photography; Physical education; Practical training [demonstration]; Presentation of live performances; Production of music; Production of radio and television programmes; Production of shows; Providing amusement arcade services; Providing casino facilities [gambling]; Providing golf facilities; Providing karaoke services; Providing museum facilities [presentation, exhibitions]; Providing on-line electronic publications, not downloadable; Providing recreation facilities; Providing sports facilities; Publication of books; Publication of electronic books and journals on-line; Publication of texts, other than publicity texts; Radio entertainment; Recording studio services; Recreation information; Religious education; Rental of audio equipment; Rental of camcorders; Rental of cine-films; Rental of lighting apparatus for theatrical sets or television studios; Rental of movie projectors and accessories; Rental of radio and television sets; Rental of show scenery; Rental of skin diving equipment; Rental of sound recordings; Rental of sports equipment, except vehicles; Rental of sports grounds; Rental of stadium facilities; Rental of stage scenery; Rental of tennis courts; Rental of video cassette recorders; Rental of videotapes; Scriptwriting services; Services of schools [education]; Sign language interpretation; Sport camp services; Subtitling; Television entertainment; Theatre productions; Ticket agency services [entertainment]; Timing of sports events; Toy rental; Translation; Tuition; Videotape editing; Videotape film production; Videotaping; Vocational guidance [education or training advice]; Vocational retraining; Writing of texts, other than publicity texts; Zoological garden services.

Class 43: Services for providing food and drink; Temporary accommodation; Accommodation bureaux [hotels, boarding houses]; Bar services; Boarding for animals; Boarding house bookings; Boarding houses; Cafés; Cafeterias; Canteens; Day-nurseries [crèches]; Food and drink catering; Holiday camp services [lodging]; Hotel reservations; Hotels; Motels; Providing campground facilities; Rental of chairs, tables, table linen, glassware; Rental of cooking apparatus; Rental of drinking water dispensers; Rental of lighting apparatus other than for theatrical sets or television studios; Rental of meeting rooms; Rental of temporary accommodation; Rental of tents; Rental of transportable buildings; Restaurants; Retirement homes; Self-service restaurants; Snack-bars; Temporary accommodation reservations; Tourist homes.

The applicants invoked Article 58(1)(a) EUTMR.

SUMMARY OF THE PARTIES’ ARGUMENTS

The applicants argued that within a continuous period of five years before the filing of the request for cancellation, the EUTM had not been put to genuine use for the contested goods and services.

In response, the EUTM proprietor submitted evidence of use as enclosures 1 to 124. It argued that the contested EUTM had been genuinely used within the relevant period for all the contested goods and services.

The EUTM proprietor is a Chinese multinational conglomerate established in 1988. It has been active in Europe for many years, inter alia, in the areas of film, entertainment and media, construction and property development, advertising, and sports. This follows from enclosures 1 to 5.

The evidence shows that the EUTM proprietor has extensively used the contested EUTM during the relevant period in relation to the following services:

Class 35: Advertising; marketing; market research; online advertising on a computer network; television advertising; presentation of goods on communication media, for retail purposes; publicity agencies; rental of advertising space; rental of advertising time on communication media; sponsorship search; public relations; production of advertising film; business management of hotels; business management of performing artists; business management of sports people; commercial administration of the licensing of the goods and services of others; commercial or industrial management assistance.

This follows, in particular, from enclosures 6 to 37. As these services fall under the class headings in Class 35 advertising, business management, business administration, office functions, the contested EUTM must be considered as having been used for these general indications.

The evidence submitted, particularly enclosures 6 to 31, also shows extensive use of the contested EUTM for the services for which it is registered in Class 38.

The evidence submitted, particularly enclosures 38 to 108, shows extensive use of the contested EUTM for the following services:

Class 41: Education; providing of training; entertainment; sporting and cultural activities; club services [entertainment or education]; coaching [training]; education; providing of training; academies [education]; physical education; conducting fitness classes; providing sports facilities; recreation facilities (providing-); sport camp services; cinema presentations; film production, other than advertising films.

From the evidence submitted as enclosures 109 to 115 it can be seen that the EUTM proprietor has used the EUTM for the services covered in Class 43 via its properties development site known as ‘OneNineElms’ including a five-star hotel.

The contested EUTM is registered in Class 9 for, inter alia, apparatus for recording, transmission or reproduction of sound and images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; computer software. It can be seen from the evidence submitted, particularly enclosures 116 to 123, that the EUTM has been extensively used for, inter alia, these goods.

The contested EUTM is registered in Class 28 for, inter alia, games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. The evidence submitted, particularly enclosure 124, shows that the EUTM has been extensively used for, inter alia, these goods.

The evidence regarding the EUTM proprietor’s involvement in various business sectors clearly demonstrates that the EUTM has been genuinely used within the relevant period for all the contested goods and services.

Any further specific observations on the part of the EUTM proprietor that are relevant will be considered in the examination of the evidence below.

The applicants argued that there is not a single document which duly demonstrates genuine use of the EUTM ‘WANDA CITY’ in terms of the time, place, extent and nature of use. The EUTM proprietor is a Chinese conglomerate which invests, acquires and sells businesses. It does not directly provide any of the goods or services covered under the EUTM. The applicants analysed each piece of evidence and concluded that the EUTM proprietor had failed to show use of the EUTM for any of the contested goods and services.

Together with their observations the applicants submitted several printouts of different websites including the EUTM proprietor’s website www.wandahotels.com dated 29/07/2019. These printouts are intended to show that the ‘Wanda Vista’ London hotel is merely a project.

GROUNDS FOR THE DECISION

According to Article 58(1)(a) EUTMR, the rights of the proprietor of the European Union trade mark will be revoked on application to the Office, if, within a continuous period of five years, the trade mark has not been put to genuine use in the Union for the goods or services for which it is registered, and there are no proper reasons for non-use.

Genuine use of a trade mark exists where the mark is used in accordance with its essential function, which is to guarantee the identity of the origin of the goods or services for which it is registered, in order to create or preserve an outlet for those goods or services. Genuine use requires actual use on the market of the registered goods and services and does not include token use for the sole purpose of preserving the rights conferred by the mark, nor use which is solely internal (11/03/2003, C‑40/01, Minimax, EU:C:2003:145, in particular § 35-37, 43).

When assessing whether use of the trade mark is genuine, regard must be had to all the facts and circumstances relevant to establishing whether commercial exploitation of the mark is real, particularly whether such use is viewed as warranted in the economic sector concerned to maintain or create a market share for the goods or services protected by the mark (11/03/2003, C‑40/01, Minimax, EU:C:2003:145, § 38). However, the purpose of the provision requiring that the earlier mark must have been genuinely used ‘is not to assess commercial success or to review the economic strategy of an undertaking, nor is it intended to restrict trade-mark protection to the case where large-scale commercial use has been made of the marks’ (08/07/2004, T‑203/02, Vitafruit, EU:T:2004:225, § 38).

According to Article 19(1) EUTMDR in conjunction with Article 10(3) EUTMDR, the indications and evidence of use must establish the place, time, extent and nature of use of the contested trade mark for the goods and/or services for which it is registered.

In revocation proceedings based on the grounds of non-use, the burden of proof lies with the EUTM proprietor as the applicant cannot be expected to prove a negative fact, namely that the mark has not been used during a continuous period of five years. Therefore, it is the EUTM proprietor who must prove genuine use within the European Union, or submit proper reasons for non-use.

In the present case, the EUTM was registered on 24/07/2013. The revocation request was filed on 11/02/2019. Therefore, the EUTM had been registered for more than five years at the date of the filing of the request. The EUTM proprietor had to prove genuine use of the contested EUTM during the five-year period preceding the date of the revocation request, that is, from 11/02/2014 to 10/02/2019 inclusive, for the contested goods and services listed in the section ‘Reasons’ above.

On 26/06/2019 the EUTM proprietor submitted evidence as proof of use.

As the EUTM proprietor requested to keep certain commercial data contained in the evidence confidential vis-à-vis third parties, the Cancellation Division will describe the evidence only in the most general terms without divulging any such data.

The following index submitted by the EUTM proprietor together with enclosures 1 to 124 lists the evidence to be taken into account.

In the analysis of the evidence of use, an important factor to be examined is the place of use. The evidence must show that the contested EUTM has been genuinely used in the European Union (Article 18(1) EUTMR and Article 58(1)(a) EUTMR). Another factor is the ‘nature of use’. Nature of use requires, inter alia, that the contested EUTM is used as a trade mark, that is, for identifying origin, thus making it possible for the relevant public to distinguish between goods and services of different providers.

The fact that a word is used as a company’s trade name does not preclude its use as a mark to designate goods (30/11/2009, T-353/07, Coloris, EU:T:2009:475, § 38). However, the use of a sign as a business or trade name cannot be regarded as trade mark use unless the relevant goods or services themselves are identified and offered on the market under this sign.

The evidence shows that the EUTM proprietor is a Chinese multinational conglomerate based in Beijing. The company was founded in 1988 as a residential property company. It has investments in China and abroad, across different industries, including construction, entertainment, media, financial services. This follows, in particular, from enclosures 1 to 5. According to the article from Wikipedia submitted as enclosure 3, the EUTM proprietor (Dalian Wanda Group Co., Ltd.) started to use the name ‘Wanda Group’ in 1992. The evidence suggests large scale commercial and sponsorship activities on the part of the EUTM proprietor as an investment or holding company. It is noted that the services involved in these activities are often financial services that belong to Class 36.

With regard to the contested services in Class 35, the EUTM proprietor claims that the evidence submitted, especially enclosures 6 to 37, demonstrates extensive use of the contested EUTM during the relevant period in relation to advertising; business management; business administration; office functions; marketing; market[ing] research; online advertising on a computer network; television advertising; presentation of goods on communication media, for retail purposes; publicity agencies; rental of advertising space; rental of advertising time on communication media; sponsorship search; public relations; production of advertising film; business management of hotels; business management of performing artists; business management of sports people; commercial administration of the licensing of the goods and services of others; commercial or industrial management assistance. In relation to the services in Class 38, the EUTM proprietor claims that the evidence submitted, particularly enclosures 6 to 31, also shows extensive use of the contested EUTM for all the services for which it is registered in this class, that is to say telecommunications; cable television broadcasting; cellular telephone communication; communications by computer terminals; communications by fiber [fibre] optic networks; communications by telegrams; communications by telephone; computer aided transmission of messages and images; electronic bulletin board services [telecommunications services]; electronic mail; facsimile transmission; information about telecommunication; message sending; paging services [radio, telephone or other means of electronic communication]; providing access to databases; providing internet chatrooms; providing online forums; providing telecommunication channels for teleshopping services; providing telecommunications connections to a global computer network; providing user access to global computer networks; radio broadcasting; rental of access time to global computer networks; rental of facsimile apparatus; rental of message sending apparatus; rental of modems; rental of telecommunication equipment; rental of telephones; satellite transmission; telecommunications routing and junction services; teleconferencing services; telegraph services; telephone services; television broadcasting; telex services; transmission of digital files; transmission of greeting cards online; transmission of telegrams; videoconferencing services; voice mail services; wire service; wireless broadcasting. With regard to Class 41, according to the EUTM proprietor, the evidence submitted, particularly enclosures 38 to 108, shows extensive use of the EUTM for education; providing of training; entertainment; sporting and cultural activities; club services [entertainment or education]; coaching [training]; education [information]; providing of training; academies [education]; physical education; conducting fitness classes; providing sports facilities; recreation facilities (providing-); sport camp services; cinema presentations; film production, other than advertising films.

It is clear from the material submitted that the commercial activities of the EUTM proprietor relate to at least some of these services, for example marketing and advertising in Class 35, television broadcasting in Class 38, film production and cinema presentations in Class 41.

The evidence would need to establish, in particular, that the EUTM was used as a trade mark in relation to these services in the European Union. This is, however, not clear, especially because of the involvement of the EUTM proprietor’s subsidiaries and the geographical scope of the commercial activities, as the following analysis will show.

For example, the Swiss sports marketing company ‘Infront Sports & Media’ operates, according to the EUTM proprietor, ‘under the Wanda umbrella’. The evidence about this company, including the article from Wikipedia (Enclosure 6), shows that the EUTM proprietor acquired it in 2015. Despite this relationship, however, there are no indications to establish that customers of this company would understand that the sign ‘WANDA’, let alone WANDA CITY, identifies the origin of any of the services provided by ‘Infront’. This is true irrespective of whether they are aware of the relationship between the parent company and the subsidiary through advertising banners at sports events, press articles etc.

In the context of advertising films the EUTM proprietor claims that it was involved in the production of a film that won the ‘Cannes Lions’ award and that ‘WANDA’ was mentioned ‘as the advertiser behind the film’ (enclosures 32 and 34). From the evidence it appears that the film ‘52 Mayors of Danzhai’ is an advertising film promoting tourism in one of China’s most impoverished areas. None of the material suggests that any advertising services were directly offered by the EUTM proprietor in the European Union.

With regard to the EUTM proprietor’s other subsidiaries – ‘AMC Entertainment Inc.’, ‘Odeon & UCI Cinemas Group’, ‘Legendary Entertainment’, ‘Nordic Cinema’, etc. – the same rationale applies as for the services provided by ‘Infront’.

For essentially the same reasons, it is not clear that the EUTM proprietor’s involvement in professional sports should qualify as genuine use of the EUTM for the contested services in Class 41. In the context of these services, the evidence shows, in particular, that the EUTM proprietor acquired shares in the football club ‘Atlético Madrid’ in 2015, sold them in 2018 and later continued to support the club as a sponsor (enclosures 81 to 84). The name of the club’s stadium was even changed to ‘Wanda Metropolitano’ in 2016 (enclosures 85 to 93) and this was apparently maintained after the EUTM proprietor sold its shares in the club (enclosures 94 to 97). However, there are no indications to suggest that consumers would believe that the respective sporting activities were directly provided by the EUTM proprietor rather than the club ‘Atlético Madrid’ itself. It is also common practice to sell the name of the stadium to sponsors. Consumers are thus aware that the name does not reflect the service provider but the sponsor that paid for it. Therefore, consumers are aware of the fact that the stadium’s name could change at any time, depending on the will of the club’s shareholders and sponsors (enclosure 94). The same reasons apply to the EUTM proprietor’s other sponsorship activities, including ‘Proyecto Wanda’ (enclosure 102), where the sign ‘WANDA’ (not ‘WANDA CITY’) is perceived by the relevant public – who is used to the concept of sponsorship in sports – as the name of the sponsor and not as the provider of the services.

In the context of the contested services in Class 41, the EUTM proprietor also refers to documents about ‘WANDA MEDIA’ or ‘WANDA PICTURES’, a company that, according to the Wikipedia article in enclosure 39, is another subsidiary of the EUTM proprietor and also the largest Chinese private film production company. This company was apparently involved in the production of several successful international movies, such as ‘Wonder Woman’ (2017),’ Passengers’ (2016), and ‘Southpaw’ (2015) (enclosures 54 to 80). This indicates that the company is not only active on the Chinese market but also internationally. However, the evidence which could link the sign ‘WANDA’ (not ‘WANDA CITY’) to the contested services in Class 41 in the European Union is, at best, scarce. The films were apparently either produced in the United States of America or in China rather than in Europe. Even where ‘WANDA PICTURES’ appears in the credits of a film trailer (enclosures 56 and 57), the material is insufficient to establish that the corresponding film production services were actually offered under the sign on the market in the European Union.

Overall, the documents do not even show that the sign ‘WANDA’ was used as a trade mark in relation to the contested services in Classes 35, 38 and 41 in the European Union. A fortiori, they are clearly insufficient to establish use of the contested EUTM ‘WANDA CITY’ as a trade mark in relation to those services in the EU.

In relation to the services in Class 43, the EUTM proprietor claims that the evidence submitted as enclosures 108 to 115 shows that it has used the EUTM for all the services covered in the class via its properties development site known as ‘OneNineElms’ including a five-star hotel. These services are Services for providing food and drink; Temporary accommodation; Accommodation bureaux [hotels, boarding houses]; Bar services; Boarding for animals; Boarding house bookings; Boarding houses; Cafés; Cafeterias; Canteens; Day-nurseries [crèches]; Food and drink catering; Holiday camp services [lodging]; Hotel reservations; Hotels; Motels; Providing campground facilities; Rental of chairs, tables, table linen, glassware; Rental of cooking apparatus; Rental of drinking water dispensers; Rental of lighting apparatus other than for theatrical sets or television studios; Rental of meeting rooms; Rental of temporary accommodation; Rental of tents; Rental of transportable buildings; Restaurants; Retirement homes; Self-service restaurants; Snack-bars; Temporary accommodation reservations; Tourist homes. The evidence suggests that the EUTM proprietor’s subsidiary ‘Wanda One Nine Elms (UK) Limited’ developed the ‘One Nine Elms’ website. Furthermore, there are pieces of evidence, such as excerpts of the homepage (enclosures 111-113) and some advertising that shows depictions of the sign ‘WANDA’. The advertising (enclosure 115) relates to luxury apartments and was launched, according to the EUTM proprietor, between 2015 and 2016 on several international and UK websites. The word ‘WANDA’ (and not ‘WANDA CITY’) is essentially used as part of a reference to the ‘Wanda Vista’ London hotel. This appears to be a hotel in planning that was part of the development project. Based on the evidence, however, it is unclear whether this hotel was or will ever be operative under the name ‘Wanda Vista’ in the European Union. Together with their observations the applicants submitted several documents that support this conclusion. These consist of printouts of different websites including the EUTM proprietor’s website www.wandahotels.com dated 29/07/2019. These printouts contain indications that the ‘Wanda Vista’ London hotel was still a ‘project’ in July 2019. Even assuming that the EUTM proprietor has advertised this hotel project within the relevant period in the European Union, the material does not offer information as to the reach of such advertising. Overall, the evidence is insufficient to show that the EUTM proprietor effectively advertised or provided hotel services or any of the other contested services in Class 43 under the sign ‘WANDA CITY’ in the European Union.

In respect of the contested goods in Class 9, the EUTM proprietor claims that enclosures 116 to 123 show that the EUTM was used, inter alia, for apparatus for recording, transmission or reproduction of sound and images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; computer software. This evidence consists essentially of website extracts concerning the EUTM proprietor’s commercial involvement in film and game production. The material is sufficient to conclude that the EUTM proprietor was, indeed, engaged in commercial activities in both the film and gaming sectors during the relevant period. However, there is no proof that the sign ‘WANDA’, let alone ‘WANDA CITY’, was affixed to, for example, any DVDs or copies of the computer games that are mentioned in the evidence. The computer game company ‘Hoolai’, in particular, that was purchased by the EUTM proprietor, apparently kept its name afterwards and continued using the sign ‘Hoolai Interactive’ for its computer games (enclosures 117 and 118). Even assuming that the relevant EU public was aware of the involvement of the EUTM proprietor in the film and gaming industry, the evidence does not show that the sign ‘WANDA CITY’ was used on the contested goods in Class 9 within the EU and perceived as identifying their origin.

With regard to the contested goods in Class 28, the EUTM proprietor claims that the submitted evidence, particularly enclosure 149, shows that the EUTM has been extensively used for, inter alia, games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. However, the same rationale applies to these goods in Class 28 as that applied to the contested goods in Class 9. The evidence does not show that the sign ‘WANDA CITY’ was used on these goods in the EU and perceived as identifying their origin.

Finally, it is noted that there remains a large portion of the contested goods and services which is not specifically mentioned in the observations of the EUTM proprietor. Consequently, no basis was provided to support a finding of genuine use for these goods and services. Upon its own examination of the material submitted, the Cancellation Division concludes that the evidence does not establish genuine use with regard to these goods and services, either.

Overall, the evidence suggests some use of the sign ‘WANDA’ and not ‘WANDA CITY’. Such use, however, is limited to identifying the EUTM proprietor as a company. As explained above, the material is insufficient to establish that the contested goods and services were directly identified and offered under the sign ‘WANDA CITY’ on the market in the European Union. A significant part of the evidence does not concern business in the European Union at all. The documents are not only insufficient to establish that the goods and services were provided by the EUTM proprietor at all and offered under the sign ‘WANDA CITY’, but also do not show that consumers in the European Union believed that the sign ‘WANDA CITY’ identified the origin of these goods and services.

The use of a sign as a business or trade name cannot be regarded as trade mark use unless the relevant goods or services themselves are identified and offered on the market under this sign (13/05/2009, T‑183/08, Jello Schuhpark II, EU:T:2009:156, § 31, 32). The material shows that the sign ‘WANDA’ (and not ‘WANDA CITY’) has been used primarily as a company name to refer to the EUTM proprietor itself, despite the apparent control the EUTM proprietor may have exercised over its subsidiaries.

As a whole, the evidence does not support the claim that the EUTM ‘WANDA CITY’ was used by the EUTM proprietor in relation to the contested goods and services.

Conclusion

It follows from the above that the EUTM proprietor has not proven genuine use of the EUTM ‘WANDA CITY’ for any of the contested goods and services. As a result, the application for revocation is wholly successful and the EUTM must be revoked for all the contested goods and services, namely all goods and services covered by the EUTM in Classes 9, 28, 35, 38, 41 and 43.

The EUTM remains on the register for all the uncontested goods and services.

According to Article 62(1) EUTMR, the revocation will take effect from the date of the application for revocation, that is, as of 11/02/2019.

COSTS

According to Article 109(1) EUTMR, the losing party in cancellation proceedings must bear the fees and costs incurred by the other party.

Since the EUTM proprietor is the losing party, it must bear the cancellation fee as well as the costs incurred by the applicants in the course of these proceedings.

According to Article 109(1) and (7) EUTMR and Article 18(1)(c)(ii) EUTMIR, the costs to be paid to the applicants are the cancellation fee and the representation costs, which are to be fixed on the basis of the maximum rate set therein.

The Cancellation Division

Elena NICOLÁS GÓMEZ

Martin LENZ

Judit NÉMETH

According to Article 67 EUTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 68 EUTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. It must be filed in the language of the proceedings in which the decision subject to appeal was taken. Furthermore, a written statement of the grounds of appeal must be filed within four months of the same date. The notice of appeal will be deemed to be filed only when the appeal fee of EUR 720 has been paid.