Judgment — ECLI:EU:T:2014:620
Date: 2014-07-09
Language of the case: Swedish
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Sweden

Action brought on 27 November 2012 - Pågen Trademark v OHIM (gifflar) (Case T-520/12) Language of the case: Swedish Parties Applicant: Pågen Trademark AB (Malmö, Sweden) (represented by J. Norderyd, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 September 2012  in Case R 46/2012-2 and declare that Community trade mark No 1 009 0331 GIFFLAR (fig) applied for by Pågen Trademark AB is to be published and registered, or, in the alternative, order OHIM to publish and register the trade mark; Order the defendant to pay the applicant's costs. Pleas in law and main arguments Community trade mark concerned: Figurative mark containing the word element 'gifflar' for goods in Classes 29, 30 and 31 - application for registration of Community trade mark No 1 009 0331 Decision of the Examiner: Rejection in part of the application for registration Decision of the Board of Appeal: Dismissal of the appeal Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 Infringement of Article 7(3) of Regulation No 207/2009 ____________ 1 - Translator's note: The correct date of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 46/2012-2 is 18 September 2012 as stated in the OHIM database.