General Court: Board of Appeal erred in finding that earlier marks had been put to genuine use

In Hersill SL v EUIPO, the General Court has annulled a decision of the Second Board of Appeal of the EUIPO finding that there was a likelihood of confusion between the mark VACUP for goods in Class 10, and the earlier mark V.A.C. for goods in Classes 5 and 10. The court found that the board had erred in finding that the V.A.C. mark had been put to genuine use during the relevant period, and had not examined the genuine use of the earlier mark MINIVAC.