Judgment — ECLI:EU:C:2007:572
Date: 2007-10-04
Language of the case: Spanish
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Actions before the Community Courts
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Spain

Judgment of the Court (Second Chamber) of 4 October 2007 - Naipes Heraclio Fournier, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), France Cartes SAS (Case C-311/05 P) 1 (Appeal - Regulation (EC) No 40/94 - Community trade mark - Figurative marks comprising the representation of a 'sword', a 'knight of clubs' and a 'king of swords' in a pack of cards - Declaration of invalidity of the mark) Language of the case: Spanish Parties Appellant: Naipes Heraclio Fournier, SA (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, abogados) Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto, I. de Medrano Caballero and O. Mondéjar, Agents), France Cartes SAS represented by: C. de Haas, avocat) Re: Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 11 May 2005 in Joined Cases T-160/02 to T-162/02 Naipes Heraclio Fournier v OHIM (intervener: France Cartes SAS), by which the Court of First Instance dismissed the actions brought against three decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 28 February 2002, allowing the applications for declarations of invalidity brought by France Cartes SAS in respect of three figurative marks of which the applicant is proprietor Operative part of the judgment The Court: 1. Dismisses the appeal; 2. Orders Naipes Heraclio Fournier, SA to pay the costs. ____________ 1 - OJ C 243 of 01.10.2005.