Judgment — ECLI:EU:T:2016:91
Date: 2016-02-23
Language of the case: French
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Netherlands

Judgment of the General Court of 23 February 2016 — Consolidated Artists v OHIM — Body Cosmetics International (MANGO) (Case T-761/14) 1 (Community trade mark — Invalidity proceedings — Community figurative mark MANGO — Absolute ground for refusal — Lack of distinctive character acquired through use — Article 7(3) of Regulation (EC) No 207/2009 — Article 52(2) of Regulation No 207/2009) Language of the case: French Parties Applicant: Consolidated Artists BV (Amstelveen, Netherlands) (represented by: B. Corne, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Pétrequin and A. Folliard-Monguiral, acting as Agents) Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Body Cosmetics International GmbH (Willich, Germany) (represented by: M. Müller-Mergenthaler, lawyer) Re: Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 September 2014 (Case R 2337/2013-4), relating to invalidity proceedings between Body Cosmetics International GmbH and Consolidated Artists BV. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Consolidated Artists BV to pay the costs. ____________ 1 OJ C 7, 12.1.2015.