Appeal brought on 29 May 2012 by Jarosław Majtczak against the judgment of the General Court (Fourth Chamber) delivered on 21 March 2012 in Case T-227/09: Feng Shen Technology Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-266/12 P)

2012/C 258/16

Language of the case: English

Parties

Appellant: Jarosław Majtczak (represented by: J. Radłowski, radca prawny)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Feng Shen Technology Co. Ltd

Form of order sought

By the present appeal the appellant asks the Court of Justice to:

Pleas in law and main arguments

The appellant submits that the contested judgment infringes article 52(1)(b) of Council Regulation (EC) No 40/94 (1) on the Community trade mark, as amended (replaced by Council Regulation (EC) No 207/2009 (2) (on the Community trade mark), particularly with regard to the General Court's interpretation of the concept of ‘acting in bad faith’.

The appellant also submits that the General Court has breached procedure by making erroneous findings of fact and by being selective in its assessment of the evidence produced.

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark

OJ L 11, p. 1

(2)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version)

OJ L 78, p. 1