In  Case T-381/12, Tecnoazucar (Cuba) owned the trademark PALMA MULATA for Class 33 “Rum”.

A revocation action for non-use was brought by 3 Spanish Applicants (the “Canelos”) on the grounds of Article 51 (1)a) CTMR. The Cancellation Division and Board of Appeal rejected the action finding that there was sufficient proof of genuine use for ‘rum’ for the relevant period and territory-although use had been demonstrated for the following figurative signs:

The General Court dismissed the appeal, confirming that the additional word elements ’ron’ and ‘cuba’ being descriptive are secondary, the figurative elements representing the bust of a woman or the light stylization of the words ‘PALMA’ and ‘MULATA’, did not alter the distinctive character of the word sign PALMA MULATA (found in the same order on the labels), in accordance with Article 15 (1) a) CTMR.