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Document 62012TN0474
Case T-474/12: Action brought on 31 October 2012 — Giorgis v OHIM — Comigel (Shape of goblets)
Case T-474/12: Action brought on 31 October 2012 — Giorgis v OHIM — Comigel (Shape of goblets)
Case T-474/12: Action brought on 31 October 2012 — Giorgis v OHIM — Comigel (Shape of goblets)
OJ C 9, 12.1.2013, p. 40–40
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 31/10/2012
- Date lodged:
- 31/10/2012
- Author:
- General Court
- Form:
- Judicial information
- Authentic language:
- English
- Link
- Select all documents mentioning this document
- Instruments cited in case law:
- Link
- EUROVOC descriptor:
|
12.1.2013 |
EN |
Official Journal of the European Union |
C 9/40 |
Action brought on 31 October 2012 — Giorgis v OHIM — Comigel (Shape of goblets)
(Case T-474/12)
2013/C 9/72
Language in which the application was lodged: English
Parties
Applicant: Giorgio Giorgis (Milan, Italy) (represented by: I. Prado and A. Tornato, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Comigel SAS (Saint- Julien-lès-Metz, France)
Form of order sought
The applicant claims that the Court should:
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— |
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 July 2012 in case R 1301/2011-1; and |
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Order OHIM to pay the costs |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: The three-dimensional mark representing a shape of goblets, for goods in class 30 — Community trade mark registration No 8132681
Proprietor of the Community trade mark: The applicant
Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal
Grounds for the application for a declaration of invalidity: The request for a declaration of invalidity was based on grounds for refusal pursuant to Article 52(1)(a) in conjunction with Articles 7(1)(b) and (d) of Council Regulation No 207/2009
Decision of the Cancellation Division: Declared the contested CTM invalid
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 7(1)(b) and 7(3) of Council Regulation No 207/2009.
