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Document 62012TN0474

    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)

    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:

    —

    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

    —

    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.

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