CANCELLATION No 32102 C (INVALIDITY)

Wallmart Apollo, LLC, 702 Southwest 8^th Street, 72716 Arkansas, Bentonville, United States of America (applicant), represented by Appleyard Lees IP LLP, 15 Clare Road, Halifax, HX1 2HY, United Kingdom (professional representative)

a g a i n s t

Ozgur Yildiz, 17 Impasse des ifs, 95200 Sarcelles, France (EUTM proprietor).

On 16/07/2019, the Cancellation Division takes the following

DECISION

1. The application for a declaration of invalidity is upheld.

2. European Union trade mark No 17 631 219 is declared invalid in its entirety.

3. The EUTM proprietor bears the costs, fixed at EUR 630.

REASONS

The applicant filed an application for a declaration of invalidity against European Union trade mark No 17 631 219 AVE GEORGE V (word mark). The request is directed against all the goods covered by the EUTM, namely:

Class 14: Jewellery; Jewellery boxes and watch boxes; Time instruments; Gemstones, pearls and precious metals, and imitations thereof; Key rings and key chains, and charms therefor; Chronometric instruments; Jewels; Agate as jewellery; Wedding rings; Amulets [jewellery]; Rings [jewellery] made of non-precious metal; Rings [jewellery] made of precious metal; Body-piercing rings; Platinum rings; Jewellery findings; Articles of jewellery made from rope chain; Shoe jewellery; Hat jewellery; Semi-precious articles of bijouterie; Articles of jewellery with ornamental stones; Articles of jewellery made of precious metal alloys; Pewter jewellery; Decorative articles [trinkets or jewellery] for personal use; Rings [jewellery]; Friendship rings; Engagement rings; Silver rings; Gold rings; Silver-plated rings; Rings coated with precious metals; Gold plated rings; Eternity rings; Flexible wire bands for wear as a bracelet; Jewellery, clocks and watches; Jewellery incorporating diamonds; Jewellery containing gold; Jewellery for personal adornment; Body jewellery; Facial jewellery; Children's jewelry; Jewellery made from silver; Sterling silver jewellery; Jewellery made of bronze; Cloisonné jewellery; Jewellery made of crystal coated with precious metals; Jewellery made of crystal; Jewellery in the form of beads; Ivory jewellery; Jade [jewellery]; Jewellery made of precious metals; Jewellery made of semi-precious materials; Gold jewellery; Enamelled jewellery; Corporate recognition jewelry; Personal jewellery; Jewellery being articles of precious metals; Jewellery being articles of precious stones; Jewellery made of precious stones; Jewellery fashioned of semi-precious stones; Plastic costume jewellery; Platinum jewelry; Jewellery made of glass; Jewellery fashioned from non-precious metals; Jewellery fashioned of cultured pearls; Custom jewelry; Jewellery coated with precious metal alloys; Articles of jewellery coated with precious metals; Pet jewelry; Women's jewelry; Jewelry for the head; Body costume jewellery; Jewellery incorporating precious stones; Jewellery, including imitation jewellery and plastic jewellery; Earrings of precious metal; Gold earrings; Silver-plated earrings; Pierced earrings; Earrings; Silver earrings; Gold plated earrings; Cuff links; Cuff links made of gold; Cuff links made of imitation gold; Cuff links of precious metal; Cuff links made of precious metals with precious stones; Cuff links made of precious metals with semi-precious stones; Cuff links made of silver plate; Cuff links made of porcelain; Cuff links and tie clips; Cuff links coated with precious metals; Bracelets; Bracelets [jewellery]; Wooden bead bracelets; Friendship bracelets; Identification bracelets [jewelry]; Ankle bracelets; Bead bracelets; Silver bracelets; Bracelets made of embroidered textile [jewellery]; Bracelets of precious metal; Gold bracelets; Silver-plated bracelets; Gold plated bracelets; Charity bracelets; Bracelets and watches combined; Bracelet charms; Trinkets of bronze; Charms [jewellery] of common metals; Trinkets coated with precious metal; Necklace charms; Jewellery charms; Jewelry charms in precious metals or coated therewith; Brooches [jewellery]; Decorative brooches [jewellery]; Gold plated brooches [jewellery]; Scarf clips being jewelry; Cabochons; Cabochons for making jewellery; Cameos [jewelry]; Square gold chain; Rope chain [jewellery] made of common metal; Rope chain made of precious metal; Jewellery chain of precious metal for anklets; Chains [jewellery]; Jewellery rope chain for bracelets; Jewellery rope chain for anklets; Jewellery rope chain for necklaces; Jewellery chain of precious metal for bracelets; Jewellery chain of precious metal for necklaces; Chains of precious metals; Gold chains; Tie chains of precious metal; Collets being parts of jewellery; Chain mesh of precious metals [jewellery]; Gold plated chains; Jewel chains; Jewelry guard chains; Signet rings; Jewelry clips for adapting pierced earrings to clip-on earrings; Clips of silver [jewellery]; Necklaces [jewellery]; Silver necklaces; Necklaces of precious metal; Gold necklaces; Silver-plated necklaces; Gold-plated necklaces; Bib necklaces; Crosses [jewellery]; Crucifixes as jewellery; Hoop earrings; Diadems; Pins [jewellery]; Tie pins; Ornamental pins; Decorative pins [jewellery]; Decorative pins of precious metal; Jewelry pins for use on hats; Closures for necklaces; Clasps for jewellery; Gold thread [jewellery]; Threads of precious metal [jewellery]; Tie clips; Tie clips of precious metal; Gems; Fitted covers for jewelry rings to protect against impact, abrasion, and damage to the ring’s band and stones; Lapel badges of precious metal; Badges of precious metal; Metal badges for wear [precious metal]; Precious jewellery; Chain mesh of semi-precious metals; Medals; Commemorative medals; Medals made of precious metals; Gold medals; Medals coated with precious metals; Medallions; Lockets [jewellery]; Medallions made of non-precious metals; Medallions made of precious metals; Imitation jewellery ornaments; Ornamental lapel pins; Decorative cuff link covers; Personal ornaments of precious metal; Ear ornaments in the nature of jewellery; Dress ornaments in the nature of jewellery; Ornaments [jewellery, jewelry (Am)]; Jewellery of yellow amber; Drop earrings; Pendants; Jewel pendants; Amber pendants being jewellery; Amberoid pendants being jewellery; Pearls [jewellery]; Precious stones; Synthetic stones [jewellery]; Lapel pins [jewellery]; Cloisonne pins; Lapel pins of precious metals [jewellery]; Parts and fittings for jewellery; Paste jewellery; Body-piercing studs..

Class 16 : Adhesives for stationery or household purposes; Decoration and art materials and media; Filtering materials of paper; Works of art and figurines of paper and cardboard, and architects' models; Stationery and educational supplies; Paper and cardboard; Printed matter; Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics; Pastes and other adhesives for stationery or household purposes; Glue for stationery or household purposes; Gluten [glue] for stationery or household purposes; Gums [adhesives] for stationery or household purposes; Adhesives for household purposes; Adhesive bands for stationery or household purposes; Plastic adhesives for stationery or household purposes; Adhesives for stationery; Adhesives for do-it-yourself purposes; Rubber cements for stationery; Adhesives for art use; Paper carton sealing tape; Gummed tape [stationery]; Paper tapes; Adhesive corners for photographs; Starch paste for stationery; Starch paste [adhesive] for stationery or household purposes; Red algae gelatine glue, for stationery or household purposes [funori]; Latex glue for stationery or household purposes; Wood glue for household use; Fabric glue for household use; Glue pens for stationery purposes; Seaweed glue for stationery; Glitter glue for stationery purposes; Spirit gum for stationery purposes; Spirit gum for household use; Gelatine glue for stationery or household purposes; Glues for office use; Gum arabic glue for stationery or household purposes; Isinglass for stationery or household purposes; Adhesive materials for office use; Adhesive paper; Paste for handicraft, for stationery or household purposes (banjaku-nori); Sticky tape; Double sided adhesive tapes for household use; Double sided adhesive tapes for stationery use; Self-adhesive tapes for stationery use; Adhesive tapes for stationery or household purposes; Adhesive packaging tapes; Self-adhesive tapes for stationery or household purposes; Gummed cloth for stationery purposes.

Class 18: Luggage, bags, wallets and other carriers; Attache cases made of leather; Attache cases made of imitation leather; Luggage; Travel baggage; Carry-on bags; Straps for handbags; Shoulder belts [straps] of leather; Purses; Chain mesh purses; Wrist mounted purses; Boxes of vulcanised fibre; Hat boxes for travel; Hat boxes of leather; Two-wheeled shopping bags; Travel cases; Handbag frames; School book bags; Travelling trunks; Make-up boxes; Vanity cases, not fitted; Conference folders; Slings for carrying infants; Rubber luggage tags; Luggage tags [leatherware]; Metal luggage tags; Empty instrument cases for use by doctors; Net bags for shopping; Specialty holsters adapted for carrying folding walking sticks; Game bags [hunting accessories]; Haversacks; Shoe bags; Luggage covers; Carriers for suits, shirts and dresses; Travel garment covers; Garment bags for travel made of leather; Golf bag tags of leather; Plastic luggage tags; Leather cases; Credit card holders made of leather; Cases of imitation leather; Commutation-ticket holders; Credit-card holders; Credit card holders made of imitation leather; Key cases; Key cases made of leather; Key-cases of leather and skins; Key cases of imitation leather; Tie cases; Carrying cases for documents; Tie cases for travel; Straps for coin purses; Music bags; Trunks [luggage]; Kori wicker trunks; Trunks and suitcases; Valises; Portmanteaus; Folding briefcases; Attaché cases; Cosmetic cases sold empty; Wheeled suitcases; Minaudieres; Compression cubes adapted for luggage; Purse frames; Wash bags (not fitted); Small clutch purses; Small suitcases; Small purses; Pouches; Charm bags (omamori-ire); Small bags for men; Small rucksacks; Clutches [purses]; Leather pouches; Japanese utility pouches (shingen-bukuro); Evening handbags; Key bags; Pouches for holding make-up, keys and other personal items; Driving licence cases; Grips [bags]; Suitcase handles; Grips for holding shopping bags; Luggage tags; Banknote holders; Back frames for carrying children; Sling bags for carrying infants; Baby carriers worn on the body; Card cases [notecases]; Credit card cases [wallets]; Business card cases; Holders in the nature of cases for keys; Art portfolios [cases]; Briefcases [leather goods]; Portfolio cases [briefcases]; Document cases of leather; Briefcases and attache cases; Leather purses; Leather coin purses; Purses made of precious metal; Coin purses, not of precious metal; Multi-purpose purses; Music cases; Pocket wallets; Wallets, not of precious metal; Ankle-mounted wallets; Wrist-mounted wallets; Leather wallets; Leather credit card wallets; Wallets of precious metal; Wallets including card holders; Card wallets [leatherware]; Wallets for attachment to belts; Folio cases; Randsels [Japanese school satchels]; Gentlemen's handbags; Saddlebags; Tool bags [empty] for motor cycles; Tool bags sold empty; Tool pouches, sold empty; Tool bags, empty; Bags; All-purpose carrying bags; Cross-body bags; Children's shoulder bags; Shoe bags for travel; Drawstring bags; Nappy wallets; Courier bags; Rucksacks; Daypacks; Hiking rucksacks; Sports packs; School knapsacks; Rucksacks on castors; Nappy bags; Book bags; Handbags; Fashion handbags; Boston bags; Travelling handbags; Handbags made of leather; Handbags made of imitations leather; Ladies' handbags; Handbags, purses and wallets; Hipsacks; Shopping bags; Canvas shopping bags; Reusable shopping bags; Shopping bags with wheels attached; Roller bags; Purses, not of precious metal; Bumbags; Sling bags; Business cases; Bags for climbers; All-purpose athletic bags; Bags for campers; Textile shopping bags; Duffel bags; Gym bags; Beach bags; Hiking bags; Souvenir bags; General purpose sport trolley bags; Bags for sports; Work bags; Flight bags; Travelling bags; Travelling bags made of imitation leather; Travel bags made of plastic materials; Overnight bags; Bags made of leather; Artificial fur bags; Shopping bags made of skin; Belt bags and hip bags; Gladstone bags; Bags [envelopes, pouches] of leather, for packaging; Bags made of imitation leather; Towelling bags; Canvas bags; Trolley duffels; Leather bags and wallets; Slouch handbags; Grocery tote bags; Holdalls for sports clothing; Wrist mounted carryall bags; Waterproof bags; Pouch baby carriers; Kit bags; Clutch bags; Roll bags; Baby backpacks; Knitting bags; Weekend bags; Garment carriers; Bags for sports clothing; Bucket bags; Flexible bags for garments; Knitted bags, not of precious metals; Garment bags for travel; Straps for luggage; Lockable luggage straps; Briefcases; School bags; Travelling sets; Sporrans; Coin purse frames; Coin holders; Tefillin [phylacteries]; Make-up bags sold empty; Shaving bags sold empty; Toiletry bags; Wash bags for carrying toiletries; Vanity cases sold empty; Cosmetic bags sold empty; Cosmetic purses; Suitcases; Carrying cases; Overnight cases; Diplomatic bags; Leather suitcases; Motorized suitcases; Suitcases with wheels; Shoulder straps; Shoulder belts; Goldbeaters' skin; Boxes made of leather; Imitation leather hat boxes; Boxes of leather or leatherboard; Reins for guiding children; Straps for soldiers' equipment; Cases of leather or leatherboard; Leatherboard; Kid; Leather laces; Straps for skates; Leather luggage straps; Straps made of imitation leather; Studs of leather; Butts [parts of hides]; Leather, unworked or semi-worked; Imitation leather sold in bulk; Polyurethane leather; Leather and imitations of leather; Leather for shoes; Leather for harnesses; Leather for furniture; Leather sold in bulk; Faux fur; Sheets of leather for use in manufacture; Sheets of imitation leather for use in manufacture; Leather twist; Semi-worked fur; Fur; Furs sold in bulk; Casings, of leather, for springs; Trimmings of leather for furniture; Harness fittings; Imitation leather; Leather straps; Chin straps, of leather; Moleskin [imitation of leather]; Rawhide chews for dogs; Chamois leather, other than for cleaning purposes; Curried skins; Animal skins; Cattle skins; Worked or semi-worked hides and other leather; Furniture coverings of leather; Industrial packaging containers of leather; Labels of leather; Girths of leather; Leather cloth; Valves of leather; Toiletry bags sold empty; Mountaineering sticks; Walking staffs; Wading staffs; Hiking poles; Rattan canes; Folding walking sticks; Walking stick seats; Combination walking sticks and umbrellas; Cane handles; Walking stick handles; Walking sticks; Umbrellas and parasols; Saddlery, whips and apparel for animals; Umbrella rings; Umbrella or parasol ribs; Umbrella sticks; Frames for umbrellas or parasols; Bags for umbrellas; Umbrella covers; Covers for parasols; Umbrellas; Golf umbrellas; Japanese paper umbrellas (karakasa); Japanese oiled-paper umbrellas (janome-gasa); Umbrellas for children; Telescopic umbrellas; Parasols; Beach umbrellas [beach parasols]; Patio umbrellas; Rainproof parasols; Umbrella handles; Metal parts of umbrellas; Saddlery of leather; Saddlery; Saddle trees; Fastenings for saddles; Dog bellybands; Headbands for horses; Stud hole plugs for horseshoes; Bridles [harness]; Bridoons; Face masks for equines; Dog shoes; Horse fly sheets; Cribbing straps for horses; Horse collars; Collars for animals; Collars for pets bearing medical information; Collars for pets; Collars for cats; Dog collars; Electronic pet collars; Costumes for animals; Spur straps; Harness straps; Straps of leather [saddlery]; Pads for horse saddles; Horse blankets; Saddle blankets; Covers and wraps for animals; Covers for animals; Horse quarter sheets; Jockey sticks; Animal carriers [bags]; Horseshoes; Horseshoes made of plastic; Metal horseshoes; Non-metal horseshoes; Whips; Hunting crops; Harness fittings of iron; Knee-pads for horses; Spats and knee bandages for horses; Equine boots; Clothing for pets; Harness for animals; Harnesses; Stirrups; Stirrups of metal; Stirrup leathers; Harness for horses; Hoof guards; Covers for horse saddles; Leggings for animals; Leather leashes; Leads for animals; Pet leads; Dog leashes; Halters; Lunge reins; Training leads for horses; Coats for cats; Coats for dogs; Cat o' nine tails; Martingales; Fly masks for animals; Bits for animals [harness]; Muzzles; Nose bags [feed bags]; Feed bags for animals; Pet hair bows; Dog parkas; Parts of rubber for stirrups; Blinkers [harness]; Poultry blinders to prevent fighting; Horse tail wraps; Reins; Reins [harness]; Riding saddles; Saddlecloths for horses; Traces [harness]; Articles of clothing for horses; Dog clothing.

Class 25 Headgear; Footwear; Clothing; Thermal headgear; Bandanas [neckerchiefs]; Head sweatbands; Tennis sweatbands; Earbands; Headbands [clothing]; Fascinator hats; Bucket caps; Bonnets; Bonnets [headwear]; Bathing caps; Shower caps; Nightcaps; Ski hats; Waterpolo caps; Tams; Knitted caps; Knot caps; Bobble hats; Berets; Tam o'shanters; Garrison caps; Skull caps; Boaters; Sun hats; Hoods [clothing]; Hat frames [skeletons]; Baseball caps; Caps with visors; Cycling caps; Golf caps; Sports caps; Sports caps and hats; Flat caps; Hats; Fedoras; Party hats [clothing]; Fashion hats; Beach hats; Rain hats; Leather headwear; Fake fur hats; Fur hats; Woolly hats; Paper hats for use as clothing items; Paper hats for wear by chefs; Paper hats for wear by nurses; Sedge hats (suge-gasa); Sports headgear [other than helmets]; Peaked headwear; Millinery; Children's headwear; Fishing headwear; Headdresses [veils]; Snoods [scarves]; Fezzes; Head scarves; Wimples; Top hats; Yashmaghs; Yashmaks; Muffs [clothing]; Fur muffs; Mantillas; Sleep masks; Mitres [hats]; Balaclavas; Small hats; Toques [hats]; Chefs' hats; Turbans; Sun visors; Visors [headwear]; Sun visors [headwear]; Cap peaks; Veils [clothing]; Non-slipping devices for footwear; Snow boots; Casual footwear; Ballet slippers; Pumps [footwear]; Puttees and gaiters; Sneakers; Boots; Winter boots; Riding shoes; Baby boots; Work boots; Mountaineering boots; Rain boots; Fishing boots; Rubber fishing boots; Waterproof boots; Ladies' boots; Waterproof boots for fishing; Army boots; Polo boots; Infants' boots; Boots for motorcycling; Ankle boots; Tips for footwear; Toe boxes; Shoe straps; Lace boots; Rubbers [footwear]; Inner socks for footwear; Bootees (woollen baby shoes); Plastic slippers; Foam pedicure slippers; Disposable slippers; Women's foldable slippers; Pedicure slippers; Knitted baby shoes; Shoes with hook and pile fastening tapes; Climbing boots [mountaineering boots]; Athletic shoes; Aqua shoes; Climbing footwear; Baseball shoes; Basketball sneakers; Bowling shoes; Boxing shoes; Footwear [excluding orthopedic footwear]; Platform shoes; Roller shoes; High-heeled shoes; Work shoes; Hunting boots; Tap shoes; Driving shoes; Running shoes; Cycling shoes; Dance shoes; Football shoes; Golf footwear; Handball shoes; Hockey shoes; Walking shoes; Mountaineering shoes; Beach shoes; Sandals and beach shoes; Rainshoes; Rugby boots; Ski boots; Ski and snowboard shoes and parts thereof; Snowboard shoes; Dress shoes; Boots for sports; Tennis shoes; Training shoes; Volleyball shoes; Yoga shoes; Leather shoes; Canvas shoes; Footwear made of vinyl; Waterproof shoes; Japanese split-toed work footwear (jikatabi); Gym boots; Japanese footwear of rice straw (waraji); Footwear not for sports; Flat shoes; Infants' footwear; Children's footwear; Footwear for women; Footwear for men; Footwear for men and women; Fishing footwear; Bath shoes; Shoes for foot volleyball; Leisure shoes; Slip-on shoes; Stiffeners for boots; Stiffeners for shoes; Studs for football boots; Cleats for attachment to sports shoes; Waders; Half-boots; Footwear uppers; Esparto shoes or sandals; Fittings of metal for footwear; Protective metal members for shoes and boots; Galoshes; Spats; Shoe covers, other than for medical purposes; Tongues for shoes and boots; Toe straps for Japanese style sandals [zori]; Toe straps for Japanese style wooden clogs; Deck shoes; Mules; Slippers; Leather slippers; Metal fittings for Japanese style wooden clogs; Wooden main bodies of Japanese style wooden clogs; Insoles for footwear; Wooden shoes; Low wooden clogs (hiyori-geta); Low wooden clogs (koma-geta); High rain clogs (ashida); Japanese style wooden clogs (geta); Japanese style clogs and sandals; Sandal-clogs; Ski boot bags; Sandals; Bath sandals; Japanese style sandals (zori); Japanese style sandals of leather; Japanese style sandals of felt; Zori; Japanese toe-strap sandals (asaura-zori); Baby sandals; Ladies' sandals; Men's sandals; Pedicure sandals; Thong sandals; Pullstraps for shoes and boots; Soles for footwear; Slipper soles; Shoe soles; Rubber soles for jikatabi; Embossed heels of rubber or of plastic materials; Intermediate soles; Inner soles; Shoe inserts for non-orthopedic purposes; Insoles [for shoes and boots]; Shoes soles for repair; Soles for japanese style sandals; Shoes; Bath slippers; Gymnastic shoes; Sports shoes; Wooden supports of Japanese style wooden clogs; Heel inserts; Heelpieces for footwear; Heels; Boot uppers; Uppers of woven rattan for Japanese style sandals; Uppers for Japanese style sandals; Flip-flops; Welts for footwear; Valenki [felted boots]; Clothing for gymnastics; Snowboard jackets; Neckwear; Lingerie; Articles of clothing for theatrical use; String fasteners for haori (haori-himo); Albs; Bandeaux [clothing]; Maternity bands; Sweatbands; Neckbands; Bustles for obi-knots (obiage-shin); Playsuits [clothing]; Stockings; Sweat-absorbent stockings; Pajama bottoms; Tracksuit bottoms; Bottoms [clothing]; Baby bottoms; Baselayer bottoms; Cloth bibs; Cloth bibs for adult diners; Bibs, sleeved, not of paper; Bibs, not of paper; Plastic baby bibs; Bermuda shorts; Bikinis; Blazers; Coveralls; Overalls; White coats for hospital use; Barber smocks; Maternity smocks; Laboratory coats; Nurse dresses; Gowns for doctors; Blousons; Bomber jackets; Motorcycle jackets; Shell jackets; Boas [necklets]; Boas; Teddies [underclothing]; Boleros; Hosiery; Suspenders; Sweat bands for the wrist; Bra straps; Suspender belts for men; Shoulder straps for clothing; Burnouses; Bustiers; Tube tops; Pea coats; Camisoles; Neck scarves [mufflers]; Neck tubes; Bathing suit cover-ups; Dust coats; Shoulder wraps [clothing]; Caftans; Ski balaclavas; Pants; Boxer shorts; Bathing trunks; Long johns; Chemises; Cloaks; Hairdressing capes; Capes; Waterproof capes; Shampoo capes; Cardigans; Waist belts; Belts [clothing]; Cummerbunds; Leather belts [clothing]; Belts made from imitation leather; Fabric belts [clothing]; Belts made out of cloth; Sash bands for kimono (obi); Money belts [clothing]; Wrap belts for kimonos (datemaki); Footmuffs, not electrically heated; Sweaters; Paper hats [clothing]; Chasubles; Handwarmers [clothing]; Wrist warmers; Socks; Sweat-absorbent socks; Shawls; Shawls and headscarves; Shawls and stoles; Shawls [from tricot only]; Anti-perspirant socks; Non-slip socks; American football socks; Bed socks; Sports socks; Japanese style socks (tabi); Tennis socks; Woollen socks; Socks and stockings; Trouser socks; Socks for infants and toddlers; Men's socks; Footless socks; Water socks; Thermal socks; Slipper socks; Ballroom dancing shoes; Anglers' shoes; Desert boots; Shirts; Collared shirts; Button down shirts; Open-necked shirts; Long-sleeved shirts; Camiknickers; Camouflage shirts; Hunting shirts; Dress shirts; Nighties; Fishing shirts; Shirts for suits; Casual shirts; Ramie shirts; Corduroy shirts; Shirts and slips; Aloha shirts; Button-front aloha shirts; Polo shirts; Woven shirts; Short-sleeve shirts; Chemisettes; Blouses; Cheongsams (Chinese gowns); Oilskins [clothing]; Rain slickers; Tights; Athletic tights; Maillots [hosiery]; Woollen tights; Body stockings; Footless tights; Collars [clothing]; Mock turtlenecks; Collars for dresses; Turtlenecks; Roll necks [clothing]; One-piece playsuits; Coverups; Wind suits; Nurse overalls; Wet suits for windsurfing; Snow suits; Ski suits for competition; Wet suits for water-skiing; Snow boarding suits; Wet suits for surfing; Flying suits; Waterproof suits for motorcyclists; Wet suits; Pram suits; Sunsuits; Wet suits for water-skiing and sub-aqua; Dry suits; Jumper suits; Slips [underclothing]; Combinations [clothing]; Wetsuits for surface watersports; One-piece suits; Tightening-up strings for kimonos (datejime); Waist strings for kimonos (koshihimo); Corselets; Corsets [underclothing]; Foundation garments; Suits; Dance costumes; Masquerade costumes; Beach clothes; Evening suits; Theatrical costumes; Leather suits; Folk costumes; Men's suits; Costumes for use in role-playing games; Halloween costumes; Three piece suits [clothing]; Zoot suits; Cagoules; Ear muffs [clothing]; Bustle holder bands for obi (obiage); Neckties; Cravats; Bolo ties; Bolo ties with precious metal tips; Silk ties; Crinolines; Sliding shorts; Cycling shorts; Bib tights; Bib shorts; Breeches for wear; Knickers; Bloomers; Gauchos; Pantaloons; Babies' pants [underwear]; Tap pants; Denims [clothing]; Dress shields; Vest tops; Scrimmage vests; Sports singlets; Costumes for use in children's dress up play; Costumes; Halter tops; Soccer bibs; American football bibs; Ready-made linings [parts of clothing]; Jacket liners; Down vests; Duffel coats; Short sets [clothing]; Shirt yokes; Detachable neckpieces for kimonos (haneri); Detachable collars; Sock suspenders; Scarves; Foulards [clothing articles]; Neckerchiefs; Cashmere scarves; Shoulder scarves; Cowls [clothing]; Sashes for wear; Mufflers [clothing]; Silk scarves; Stoles; Fur stoles; Synthetic fur stoles; Kerchiefs [clothing]; Neck scarves; Furs [clothing]; Gabardines; Girdles; Pantie-girdles; Gloves [clothing]; Winter gloves; Riding gloves; Camouflage gloves; Driving gloves; Motorcycle gloves; Ski gloves; Knitted gloves; Snowboard gloves; Wetsuit gloves; Gloves for cyclists; Gloves with conductive fingertips that may be worn while using handheld electronic touch screen devices; Gloves including those made of skin, hide or fur; Knee warmers [clothing]; Waistcoats; Gilets; Wind vests; Camouflage vests; Hunting vests; Athletics vests; Leather waistcoats; Korean traditional women's waistcoats [Baeja]; Quilted vests; Body warmers; Fleece vests; Gussets [parts of clothing]; Gussets for stockings [parts of clothing]; Gussets for tights [parts of clothing]; Underarm gussets [parts of clothing]; Gussets for leotards [parts of clothing]; Gussets for bathing suits [parts of clothing]; Gussets for footlets [parts of clothing]; Gussets for underwear [parts of clothing]; Rompers; Heavy jackets; Donkey jackets; Motorists' clothing; Cyclists' clothing; Maternity tops; Warm-up tops; Fleece tops; Baby tops; Tops [clothing]; Baselayer tops; Fur cloaks; Mackintoshes; Chaps (clothing); Leggings [leg warmers]; Morning coats; Stocking suspenders; Garters; Bridal garters; Denim jeans; Jerseys [clothing]; Jodhpurs; Skirts; Golf skirts; Tennis skirts; Pleated skirts for formal kimonos (hakama); Culotte skirts; Skorts; Petticoats; Short petticoats; Petti-pants; Leotards; Unitards; Baby bodysuits; Bodies [clothing]; Snap crotch shirts for infants and toddlers; Kilts; Kimonos; Full-length kimonos (nagagi); Swaddling clothes; Ascots; Ascots (ties); Layettes [clothing]; Maternity leggings; Leggings [trousers]; Maternity lingerie; Bed jackets; Liveries; Bathing suits for men; Bathing suits; Fitted swimming costumes with bra cups; Maillots; Swim wear for children; Swim wear for gentlemen and ladies; Bathing costumes for women; Swimming trunks; Undershirts; Undershirts for kimonos (koshimaki); Rash guards; Long sleeved vests; Running vests; Cycling tops; Football jerseys; American football shirts; Rugby tops; Sports jerseys; Moisture-wicking sports shirts; Sports shirts with short sleeves; Volleyball jerseys; Sports jerseys and breeches for sports; Padded shirts for athletic use; Sleeveless jerseys; Cuffs; Boot cuffs; Maniples; Mankinis; Coats; Car coats; Winter coats; Suit coats; Raincoats; Evening coats; Cotton coats; Coats of denim; Sheepskin coats; Fur coats and jackets; Coats for women; Heavy coats; Mantles; Eye masks; Pop socks; Miniskirts; Fingerless gloves; Arm warmers [clothing]; Monokinis; Snowboard mittens; Baby doll pyjamas; Negligees; Bowties; Trousers; Chino pants; Pedal pushers; Walking breeches; Golf pants, shirts and skirts; Wind pants; Short trousers; Warm-up pants; Lounge pants; Camouflage pants; Hunting pants; American football pants; Golf trousers; Maternity pants; Nurse pants; Snow pants; Snowboard trousers; Moisture-wicking sports pants; Cargo pants; Sweatpants; Khakis; Dress pants; Yoga pants; Slacks; Trousers of leather; Corduroy trousers; Trousers shorts; Sports pants; Trews; Stretch pants; Weatherproof pants; Padded pants for athletic use; Trousers for children; Overcoats; Korean topcoats [Durumagi]; Parkas; Beach wraps; Dressing gowns; Lounging robes; Bath robes; Beach robes; Pelisses; Shirt fronts; Pocket squares; Pockets for clothing; Fleeces; Tennis shirts; Polo knit tops; Ponchos; Rain ponchos; Collar protectors; Tennis pullovers; Pelerines; Hooded pullovers; Slipovers; Slipovers [clothing]; Long sleeve pullovers; Guernseys; Polo sweaters; Crew neck sweaters; Tank tops; Mock turtleneck sweaters; V-neck sweaters; Turtleneck sweaters; Pyjamas; Pyjamas [from tricot only]; Frock coats; Dresses; Sundresses; Ball gowns; Christening robes; Choir robes; Women's ceremonial dresses; Bridesmaid dresses; Maternity dresses; Wedding dresses; Tennis dresses; Jumper dresses; Replica football kits; Shift dresses; Imitation leather dresses; Muumuus; Dresses made from skins; Ladies' dresses; Dresses for infants and toddlers; Hunting boot bags; Bushjackets; Bib overalls for hunting; Salopettes; Overalls for infants and toddlers; Shortalls; Saris; Sarongs; Trouser straps; Waist cinchers; Shorts; Boy shorts [underwear]; Swim shorts; Boxing shorts; American football shorts; Golf shorts; Maternity shorts; Sweat shorts; Rugby shorts; Gym shorts; Boardshorts; Tennis shorts; Fleece shorts; Padded shorts for athletic use; Underpants; Dinner suits; Ankle socks; Dinner jackets; Mock turtleneck shirts; Turtleneck shirts; Undershirts for kimonos (juban); Underwear; Sweat-absorbent underwear; Union suits; Knitted underwear; Functional underwear; Ladies' underwear; Disposable underwear; Babies' undergarments; Men's underwear; Thermal underwear; Brassieres; Adhesive bras; Sports bras; Moisture-wicking sports bras; Bralettes; Strapless bras; Thongs; Over-trousers; Overshirts; Gym suits; Shell suits; Jockstraps [underwear]; Sweat shirts; Hooded sweatshirts; Hooded tops; Tabards; Pinafores; Aprons [clothing]; Plastic aprons; Paper aprons; Skirt suits; Women's suits; Pantsuits; Heelpieces for stockings; Tee-shirts; Short-sleeved T-shirts; Short-sleeved or long-sleeved t-shirts; Maternity shirts; Yoga shirts; Printed t-shirts; Crop tops; Referees uniforms; Martial arts uniforms; Athletic uniforms; Aikido suits; Loungewear; Ballet suits; Baseball uniforms; Running Suits; Formalwear; Jogging sets [clothing]; Judo uniforms; Karate uniforms; Kendo outfits; Motorcycle riding suits; Skating outfits; Evening wear; Formal evening wear; Taekwondo suits; Combative sports uniforms; Leisure suits; Togas; Trench coats; Knit shirts; Knitwear [clothing]; Tunics; Tutus; Twin sets; Uniforms; Uniforms for nurses; Sailor suits; School uniforms; Uniforms for commercial use; Short overcoat for kimono (haori); Stuff jackets [clothing]; Jackets [clothing]; Chefs' whites; Shirt-jacs; Windshirts; Warm-up jackets; Korean outer jackets worn over basic garment [Magoja]; Riding jackets; Lumberjackets; Sweatjackets; Sleeved jackets; Jackets being sports clothing; Camouflage jackets; Hunting jackets; Jogging tops; Fishermen's jackets; Fishing vests; Ski jackets; Smoking jackets; Sports jackets; Tracksuit tops; Leather jackets; Suede jackets; Denim jackets; Down jackets; Fur jackets; Sheepskin jackets; Knit jackets; Rainproof jackets; Long jackets; Quilted jackets [clothing]; Polar fleece jackets; Safari jackets; Coats for men; Light-reflecting jackets; Reversible jackets; Men's and women's jackets, coats, trousers, vests; Sleeveless jackets; Basic upper garment of Korean traditional clothes [Jeogori]; Ready-made clothing; Windproof clothing; Weather resistant outer clothing; Womens' outerclothing; Outerclothing for girls; Outerclothing for men; Clothing for horse-riding [other than riding hats]; Dance clothing; Bridesmaids wear; Outerclothing; Children's outerclothing; Babies' outerclothing; Outerclothing for boys; Maternity clothing; Nightwear; Japanese sleeping robes (nemaki); Maternity sleepwear; Figure skating clothing; Rainwear; Weatherproof clothing; Garments for protecting clothing; Work clothes; Sportswear; Sports clothing [other than golf gloves]; Surfwear; Triathlon clothing; Leisurewear; Cashmere clothing; Leather dresses; Motorcyclists' clothing of leather; Clothing made of fur; Clothing of imitations of leather; Woolen clothing; Linen clothing; Paper clothing; Plush clothing; Silk clothing; One-piece clothing for infants and toddlers; Waterproof clothing; Waterproof outerclothing; Sailing wet weather clothing; Japanese traditional clothing; Baby clothes; Sleepsuits; Children's wear; Clothing for men, women and children; Ladies' clothing; Girls' clothing; Boys' clothing; Menswear; Infant wear; Clothing for wear in wrestling games; Tennis wear; Clothing for wear in judo practices; Clothing for skiing; Clothing for martial arts; Clothing for fishermen; Thermally insulated clothing; Woven clothing.

The applicant invoked Article 59(1)(a) EUTMR in conjunction with Article 7(1)(b),(c), (d) and (g) EUTMR, and Article 60(1)(a) in conjunction with Article 8(1)(b) and 8(4) EUTMR.

SUMMARY OF THE PARTIES’ ARGUMENTS

The applicant claims inter alia that the trade mark in question consists of the name of a famous Avenue in Paris and is therefore completely devoid of distinctive character contrary to the provisions of Article 7(1)(b). Furthermore, it is contrary to the provisions of Article 7(1)(c) as it is exclusively made up of descriptive information i.e the geographical origin of the goods. The use of the name of this famous Avenue in Paris is customary in the bona fide and established practices of the trade contrary to the provisions of Article 7(1)(d) and/or is of such a nature as to deceive the relevant public as to the geographical origin of the goods, if they are not associated with Ave George V.

The proprietor did not respond to the applicant´s claim.

ABSOLUTE GROUNDS FOR INVALIDITY – ARTICLE 59(1)(a) EUTMR IN CONJUNCTION WITH ARTICLE 7 EUTMR

According to Article 59(1)(a) and (3) EUTMR, a European Union trade mark will be declared invalid on application to the Office, where it has been registered contrary to the provisions of Article 7 EUTMR. Where the grounds for invalidity apply for only some of the goods or services for which the European Union trade mark is registered, the latter will be declared invalid only for those goods or services. According to Article 198 EUTMR, the same applies to international registrations as far as validity in the European Union is concerned.

Furthermore, it follows from Article 7(2) EUTMR that Article 7(1) EUTMR applies notwithstanding that the grounds of non‑registrability obtain in only part of the Union.

As regards assessment of the absolute grounds of refusal pursuant to Article 7 EUTMR, which were the subject of the ex officio examination prior to registration of the IR, the Cancellation Division, in principle, will not carry out its own research but will confine itself to analysing the facts and arguments submitted by the parties to the invalidity proceedings.

However, restricting the Cancellation Division to an examination of the facts expressly submitted does not preclude it from also taking into consideration facts that are well known, that is, that are likely to be known by anyone or can be learned from generally accessible sources.

Although these facts and arguments must date from the period when the European Union was designated, facts relating to a subsequent period might also allow conclusions to be drawn regarding the situation at the time of designation (23/04/2010, C‑332/09 P, Flugbörse, EU:C:2010:225, § 41 and 43).

For reasons of procedural economy, the Cancellation Division will examine the first two claims at the outset.

Descriptiveness – Article 7(1)(c) EUTMR

Under Article 7(1)(c) EUTMR, ‘trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service are not to be registered.

Article 7(1)(c) EUTMR pursues an aim which is in the public interest, namely that descriptive signs or indications relating to the characteristics of goods or services in respect of which registration is sought may be freely used by all. That provision accordingly prevents such signs and indications from being reserved to one undertaking alone because they have been registered as trade marks. (23/10/2003, C 191/01 P, DOUBLEMINT, EU:C:2003:579,§31.)

For the purposes of assessing descriptiveness, it must be determined whether the relevant public will make a sufficiently direct and specific association between the expression and the goods/services for which registration is sought (20/07/2004, T‑311/02, LIMO, EU:T:2004:245´§ 30).

Furthermore, and specifically in relation to the case at hand, it is in the public interest that signs that may serve to designate the geographical origin of goods or services remain available, not least because they may be an indication of the quality and other characteristics of the categories of goods concerned, and may also, in various ways, influence consumer preferences by, for instance, associating the goods or services with a place that may elicit a favourable response (15/01/2015, T-197/13, MONACO, EU:T:2015:16, § 47; 25/10/2005, T-379/03, Cloppenburg, EU:T:2005:373, § 33).

It is not necessary to establish that the name actually designates the true geographical origin of the goods. It is enough to demonstrate that the connection between the name of the place and the goods may enable the relevant public to perceive the contested sign as an indication of the origin of those goods (judgment of 15/10/2003, T-295/01, Oldenburger, EU:T:2003:267, § 43; T-89/15, NIAGARA, ECLI:EU :T:2016:244, § 37 by analogy):

Ave George V (understood as Avenue George V) is an Avenue in Paris, an iconic city and the capital of France. This is a well-known fact (22.06.2004, T 185/02, Picaro, EU:T:2004:189, § 29), and a status quo which clearly pre-dates the date of the application at the end of 2017. The mark is exclusively made up of this address and has no other elements as correctly posited by the applicant, who also claims that it is a famous Avenue. The Cancellation Division accepts that this is the case for the French public, or at the very least for the Parisian public (a significant part of the relevant public, numbering over 12 million people in the metropolitan area). For this public, the mark is a significant and sizeable Avenue in the 8^th arrondissement of Paris, starting at the Champs Elysées, and with its own metro station. As such it features a wide selection of shops (some exclusive, some not) together with hotels and residential areas. The imputed goods are jewellery, adornments, luggage, equestrian goods and other goods for animal use, coverings, travel apparel and apparel for specific activities such as walking or golf, clothing in general, footwear and headgear of different varieties, adhesives, decorative goods, paraphernalia used for wrapping goods and general presentation together with related goods in Classes 14, 16, 18 and 25. In short, nothing that would be unusual to find or purchase in any major, central Avenue of a capital European city either now or in the future. Furthermore, Paris is the most visited place in the world ( 18 million tourists in 2018 alone), so the descriptiveness of the markk is capable of being perceived by European visitors of Paris too.

Accordingly, there exists prima facie a connection between the designation and the goods specified. It is sufficiently concrete, direct and obvious for the mark to be perceived as descriptive. Faced with such consumer items designating “AVE GEORGE V”, the average consumer in France, or at least Paris, is likely to perceive that they have a specific connection to said place i.e that the products all come from said street in Paris.

Article 7(2) EUTMR clearly states that all of the provisions of Article 7(1) EUTMR shall apply notwithstanding that the grounds of non-registrability obtain in only part of the Union at the material time.

Certainly, the contested mark is registered for goods, which do not bear any particular features, which would lead the relevant consumers not to associate the geographical indication with the geographic origin of these goods. (judgment of 10/10/2014, R 574/2013-G, SUEDTIROL, § 49;)

The Cancellation Division accepts that the mark came within the ambit of Article 7(1)(c) EUTMR at the material time in relation to all of the goods since the connection is capable of being perceived is a long-standing one.

Non-distinctiveness – Article 7(1)(b) EUTMR

Under Article 7(1)(b) EUTMR trade marks which are devoid of any distinctive character are not to be registered.

The distinctive character of a trade mark must be assessed, first, in relation to the goods or services in respect of which registration of the sign is sought and, second, in relation to the perception of the section of the public targeted, which is composed of the consumers of those goods or services (27/11/2003, T 348/02, Quick, EU:T:2003:318, § 29).

According to case-law, the signs referred to in Article 7(1)(b) EUTMR are signs which are regarded as being incapable of performing the essential function of a trade mark, namely that of identifying the commercial origin of the goods or services, thus enabling the consumer who acquired them to repeat the experience if it proves to be positive, or to avoid it if it proves to be negative, on the occasion of a subsequent acquisition (27/02/2002, T 79/00, Lite, EU:T:2002:42, § 26).

As a significant proportion of the (at least) reasonably well-informed public in the relevant territory may be expected to know, as a matter of common knowledge, that Ave George V is a known Avenue in the city of Paris, it will not see the mark as a badge of commercial origin. Therefore, the mark is necessarily devoid of distinctive character

Conclusion

It follows from the foregoing that the mark designated the geographical origin of the goods within the meaning of Article 7(1)(c) EUTMR and was devoid of distinctive character at the time of its filing, 21 December 2017, given that the descriptive, non-distinctive content was capable of being perceived or grasped by a significant proportion of EU consumers at that time.

Therefore, the contested trade mark must be rejected for all the contested goods. Consequently, no further or other additional grounds fall to be assessed.

Costs

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

The Cancellation Division

Lucinda CARNEY

Keeva DOHERTY

Jessica LEWIS

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.