Source: EURLEX
Language: en
Format: md

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| 5.6.2010 | EN | Official Journal of the European Union | C 148/39 |

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Action brought on 26 March 2010 — Hans Günter Söns v OHIM — Settimio (GREAT CHINA WALL)

(Case T-140/10)

2010/C 148/66

Language in which the application was lodged: English

Parties

Applicant: Hans Günter Söns (Wehr, Germany) (represented by: M. Schwabe, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Alfredo Settimio (Los Angeles, United States)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 January 2010 in case R 281/2009-1; |

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| — | Order the defendant to declare invalid the registered Community trade mark subject of the application for invalidity; and |

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| — | Order the defendant to bear the costs. |

Pleas in law and main arguments

Registered Community trade mark subject of the application for invalidity: The word mark “GREAT CHINA WALL” for goods in classes 18, 24 and 25

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Party requesting the revocation of the Community trade mark: The applicant

Decision of the Cancellation Division: Rejected the application for a declaration of invalidity

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(c) and (g) of Council Regulation No 207/2009 as the Board of Appeal wrongly applied the legal provisions in question; infringement of international agreements concerning the protection of geographical indications.

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