Source: EURLEX
Language: en
Format: md

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| 10.3.2012 | EN | Official Journal of the European Union | C 73/26 |

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Judgment of the General Court of 1 February 2012 — Carrols v OHIM — Gambettola (Pollo Tropical CHICKEN ON THE GRILL)

(Case T-291/09)[(1)](#ntr1-C_2012073EN.01002603-E0001)

(Community trade mark - Invalidity proceedings - Figurative Community mark Pollo Tropical CHICKEN ON THE GRILL - Absolute grounds for refusal - No bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009)

2012/C 73/51

Language of the case: Spanish

Parties

Applicant: Carrols Corp. (Dover, Delaware, United States) (represented by: I. Temiño Ceniceros, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Giulio Gambettola (Los Realejos, Spain) (represented by: F. Brandolini Kujman, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 May 2009 (Case R 632/2008-1), relating to invalidity proceedings between Carrols Corp. and Mr Giulio Gambettola.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Carrols Corp. to pay the costs. |

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