Judgment — ECLI:EU:T:2012:294
Date: 2012-06-13
Language of the case: German
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Austria

Summary statement of pleas (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 21) 2. Community trade mark — Procedural provisions — Decisions of the Office — Observance of the rights of the defence — Scope of the principle (Council Regulation No 207/2009, Arts 42(1), and 75) (see paras 70-72, 90) 3. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Amendment of a decision by the Office — Scope (Council Regulation No 207/2009, Art. 65(3)) (see para. 98) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 3 September 2010 (Case R 40/2010‑1) concerning opposition proceedings between Meyer Manufacturing Co. Ltd and XXXLutz Marken GmbH. Operative part The Court: 1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 September 2010 (Case R 40/2010‑1); 2. Orders OHIM to bear its own costs and to pay those incurred by XXXLutz Marken GmbH; 3. Orders Meyer Manufacturing Co. Ltd to bear its own costs.