CELEX: 62007TJ0409
Community trade mark
Invalidity proceedings
Community figurative mark acopat
Earlier national word marks COPAT
Relative ground for refusal
No genuine use of the earlier marks
Article 56(2) and (3) of Regulation (EC) No 40/94 (now Article 57(2) and (3) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the First Board of Appeal of OHIM of 6 September 2007 (Case R 289/2006-1) relating
to invalidity proceedings between Helge B. Cohausz and José Izquierdo Faces.
Information relating to the case
Registered Community trade mark subject to an application for validity:
Figurative mark acopat for services in Classes 35 and 42 – Community trade mark No 1643782
Proprietor of the Community trade mark:
José Izquierdo Faces
Party requesting the declaration of invalidity of the Community trade mark:
Helge B. Cohausz
Trade mark right of the party requesting the declaration of invalidity:
National word mark COPAT for goods and services in Classes 9, 35, 41 and 42
Decision of the Cancellation Division:
Declaration of invalidity of the Community trade mark
Decision of the Board of Appeal:
Annulment of the Cancellation Division’s decision and dismissal of the request for a declaration of invalidity
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Mr Helge B. Cohausz to pay the costs.