The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, Georgia 30313, United States of America (applicant), represented by Beverage Services Limited, 1 A Wimpole Street, London W1G 0EA, United Kingdom (professional representative)

a g a i n s t

Αλεξανδροσ Κοντογουρησ, 28ΗΣ ΟΚΤΩΒΡΙΟΥ 82, ΝΕΟ ΨΥΧΙΚΟ, ΑΤΤΙΚΗ, Greece (EUTM proprietor), represented by Kiortsis & Associates, 136. Solonos Str., 10677 Athens, Greece (professional representative).

On 21/10/2020, the Cancellation Division takes the following


1. The application for revocation is upheld.

2. The EUTM proprietor’s rights in respect of European Union trade mark No 12 451 316 are revoked in their entirety as from 27/02/2020.

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


The applicant filed a request for revocation of European Union trade mark No 12 451 316 'AHHA' (word mark) (the EUTM). The request is directed against all the goods covered by the EUTM, namely:

Class 29:

Preserved, frozen, dried and cooked fruits and vegetables; Jellies, jams, compotes; Edible oils and fats, in particular rape oil for food; Ajvar [preserved peppers]; Alginates for culinary purposes; Aloe vera prepared for human consumption; Anchovy; Corn oil; Chocolate nut butter; Coconut butter; Frosted fruits; Pollen prepared as foodstuff; Edible fats; Edible oils; Olive oil for food; Olives, preserved; Jellies; Sunflower oil for food; Corn oil; Palm kernel oil for food; Coconut butter; Coconut oil; Fruit, stewed; Cranberry sauce [compote]; Canned fruits; Colza oil for food; Flaxseed oil for culinary purposes; Fatty substances for the manufacture of edible fats; Suet for food; Coconut oil and fat [for food]; Fat-containing mixtures for bread slices; Margarine; Jams; Fruit-based snacks; Prepared nuts; Bone oil, edible; Ginger jam; Fruit pulp; Fruit salads; Garlic [preserved]; Chocolate nut butter; Sesame oil; Raisins; Tomato juice for cooking; Palm oil for food; Fruit preserved in alcohol; Fruit jellies; Fruit, stewed; Preserved fruits; Fruit pulp; Fruit chips; Dates; Olive oil; Olives; Stuffed olives; Olive paste.

Class 30:

Coffee, tea, cocoa and artificial coffee; Tapioca and sago;  Ices; Sugar, honey, treacle; Yeast, baking powder; Sauces (condiments); Spices, in particular farinaceous foods;   Infusions, not medicinal; Royal jelly;  Preserved garden herbs (seasonings);  Frozen yogurt (confectionery ices);  Sherbets [ices];  Ices and ice creams;  Sugar; Palm sugar;  Baking powder; Sea water for cooking; Cocoa; Cinnamon [spice]; Curry [spice]; Relishes; Vegetal preparations for use as coffee substitutes; Artificial coffee;  Chicory [coffee substitute];  Spices; Marzipan; Honey;  Nutmeg; Spices;  Ice cream (Binding agents for -); Powders for ice cream;  Pesto [sauce]; Peppers [seasonings]; Ginger [spice];  Leaven;  Saffron [seasoning];  Chutneys [condiments].

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


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.

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 28/06/2014. The revocation request was submitted on 27/02/2020. Therefore, the EUTM had been registered for more than five years at the date of the filing of the request.

On 06/03/2020, the Cancellation Division duly notified the EUTM proprietor of the application for revocation and gave it a time limit of two months to submit evidence of use of the EUTM for all the goods for which it is registered.

The proprietor requested an extension of the time limit on 16/04/2020, which was granted.

The EUTM proprietor did not submit any observations or evidence of use in reply to the application for revocation within the specified time limit.

According to Article 19(1) EUTMDR, if the proprietor of the European Union trade mark does not submit proof of genuine use of the contested mark within the time limit set by the Office, the European Union trade mark will be revoked.

In the absence of any reply from the EUTM proprietor, there is neither any evidence that the EUTM has been genuinely used in the European Union for any of the goods for which it is registered nor any indications of proper reasons for non-use.

Pursuant to Article 62(1) EUTMR, the EUTM must be deemed not to have had, as from the date of the application for revocation, the effects specified in the EUTMR, to the extent that the proprietor’s rights have been revoked.

Consequently, the EUTM proprietor’s rights must be revoked in their entirety and deemed not to have had any effects as from 27/02/2020.


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 applicant 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 applicant are the cancellation fee and the costs of representation, which are to be fixed on the basis of the maximum rate set therein.

The Cancellation Division




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 submitted in writing at the Office within two months of the date of notification of this decision. It must be submitted 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 submitted 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.

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