Judgment — ECLI:EU:T:2010:417
Date: 2010-09-30
Language of the case: Dutch
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Netherlands

Judgment of the General Court (Seventh Chamber) of 30 September 2010 – Granuband v OHIM – Granuflex (GRANUflex) (Case T-534/08) Community trade mark – Invalidity proceedings – Community figurative mark GRANUflex – Previous company name and business name GRANUFLEX – Relative ground for refusal – Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009) Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Registration contrary to Article 8(4) of Regulation No 40/94 (Council Regulation No 40/94, Arts 8(4) and 52(1)(c)) (see paras 35-38) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 September 2008 (Case R 1277/2007-2), relating to invalidity proceedings between Granuflex Ipari és Kereskedelmi Kft and Granuband BV. Information relating to the case Registered Community trade mark of which cancellation sought: Figurative mark GRANUFLEX for goods in Classes 17, 19 and 27 – Community trade mark No 943118 Proprietor of the Community trade mark: Granuband BV Party requesting the declaration of invalidity of the Community trade mark: Granuflex Ipari és Kereskedelmi Kft Trade mark of the party seeking cancellation: Commercial designation GRANUFLEX for goods and services in Classes 17, 19, 27 and 37 Decision of the Cancellation Division: Community trade mark annulled Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Granuband BV to pay the costs.