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Document 62012CA0530
Case C-530/12 P: Judgment of the Court (First Chamber) of 27 March 2014 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) v National Lottery Commission (Appeals — Community trade mark — Regulation (EC) No 40/94 — Article 52(2)(c) — Application for a declaration of invalidity based on an earlier copyright under national law — Application by OHIM of national law — Role of the European Union judicature)
Case C-530/12 P: Judgment of the Court (First Chamber) of 27 March 2014 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) v National Lottery Commission (Appeals — Community trade mark — Regulation (EC) No 40/94 — Article 52(2)(c) — Application for a declaration of invalidity based on an earlier copyright under national law — Application by OHIM of national law — Role of the European Union judicature)
Case C-530/12 P: Judgment of the Court (First Chamber) of 27 March 2014 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) v National Lottery Commission (Appeals — Community trade mark — Regulation (EC) No 40/94 — Article 52(2)(c) — Application for a declaration of invalidity based on an earlier copyright under national law — Application by OHIM of national law — Role of the European Union judicature)
IO C 151, 19.5.2014, p. 3–3
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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19.5.2014 |
EN |
Official Journal of the European Union |
C 151/3 |
Judgment of the Court (First Chamber) of 27 March 2014 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) v National Lottery Commission
(Case C-530/12 P) (1)
((Appeals - Community trade mark - Regulation (EC) No 40/94 - Article 52(2)(c) - Application for a declaration of invalidity based on an earlier copyright under national law - Application by OHIM of national law - Role of the European Union judicature))
2014/C 151/03
Language of the case: English
Parties
Appellant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock and F. Mattina, Agents)
Other party to the proceedings: National Lottery Commission (represented by: R. Cardas, Advocate, and B. Brandreth, Barrister)
Re:
Appeal against the judgment of the General Court (Seventh Chamber) of 13 September 2012 in Case T-404/10 National Lottery Commission v OHIM, by which the General Court dismissed Decision R 1028/2009-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 9 June 2010, dismissing the appeal against the decision of the Cancellation Division which upheld the application for a declaration of invalidity lodged by Mediatek Italia and Giuseppe De Grégorio — Community figurative mark representing a hand with two crossed fingers and a smiling face — Article 53(2)(c) of Regulation (EC) No 207/2009 — Existence of an earlier copyright protected by national law — Burden of proof — Application by OHIM of national law.
Operative part of the judgment
The Court:
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1. |
Sets aside the judgment of the General Court of the European Union of 13 September 2012 in Case T-404/10 National Lottery Commission v OHIM — Mediatek Italia and De Gregorio (Representation of a hand); |
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2. |
Refers the case back to the General Court of the European Union for a ruling on the merits of the action; |
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3. |
Orders that the costs be reserved. |