Judgment — ECLI:EU:T:2011:516
Date: 2011-09-22
Language of the case: Italian
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Italy

Judgment of the General Court (Seventh Chamber) of 22 September 2011 – Cesea Group v OHIM – Mangini & C. (Mangiami) (Case T-250/09) Community trade mark – Invalidity proceedings – Community figurative mark Mangiami – Earlier international word mark MANGINI – Admissibility of new evidence – Article 76(2) of Regulation (EC) No 207/2009 Community trade mark – Surrender, revocation and invalidity – Examination of the application – Proof of use of the earlier mark – Time-limit set by the Office – Submission of additional evidence after expiry of the time-limit where there are new factors – Lawfulness (Council Regulation No 2868/95, Art. 1, Rules 22(2), and 40(6)) (see paras 22, 24-27) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 April 2009 (Case R 982/2008‑2) relating to invalidity proceedings between Mangini & C. Srl and Cesea Group Srl. Operative part The Court: 1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 April 2009 (Case R 982/2008‑2); 2. Orders OHIM to pay the costs.