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10.11.2014 |
EN |
Official Journal of the European Union |
C 395/40 |
Judgment of the General Court of 25 September 2014 — Giorgis v OHIM — Comigel (Shape of two packaged goblets)
(Case T-474/12) (1)
((Community trade mark - Invalidity proceedings - Three-dimensional Community trade mark - Shape of two packaged goblets - Absolute ground for refusal - Lack of distinctive character - Lack of distinctive character acquired through use - Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009))
(2014/C 395/48)
Language of the case: 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) (represented by: I. Harrington, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Comigel SAS (Saint-Julien-lès-Metz, France) (represented by: S. Guerlain, J. Armengaud and C. Mateu, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 26 July 2012 (Case R 1301/2011-1) concerning invalidity proceedings between Comigel SAS and Mr Giorgio Giorgis.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Mr Giorgio Giorgis to pay the costs. |