Judgment — ECLI:EU:T:2009:354
Date: 2009-09-23
Language of the case: English
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Figurative marks applied for
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 16 November 2007 - Cohausz v OHIM - Izquierdo Faces (acopat) (Case T-409/07) Language of the case: English Parties Applicant: Prof. Dr.-Ing. Helge B. Cohausz (Düsseldorf, Germany) (represented by: I. Friedhoff, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: José Izquierdo Faces (Bilbao, Spain) Form of order sought Annul the contested action [decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2007 in Case R 289/2006-1]; order intervener and/or [OHIM] to pay the costs. Pleas in law and main arguments Registered Community trade mark subject of the application for a declaration of invalidity: The figurative mark 'acopat' for services in classes 35 and 42 - Community trade mark No 1 643 782 Proprietor of the Community trade mark: José Izquierdo Faces Party requesting the declaration of invalidity of the Community trade mark: The applicant Trade mark right of the party requesting the declaration of invalidity: The 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 Pleas in law: Infringement of Article 56(2) and (3) of Council Regulation No 40/94 and Rules 22(2) and 40(5) of Commission Regulation No 2868/95, as the Board of Appeal incorrectly found that the national trade mark had not been used in Germany during the period 1996 to 2001. ____________