Source: EURLEX
Language: en
Format: md

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| 23.6.2012 | EN | Official Journal of the European Union | C 184/11 |

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Judgment of the General Court (Fourth Chamber) of 8 May 2012 — Yoshida Metal Industry v OHIM — Pi-Design and Others (Representation of a surface with black dots)

(Case T-416/10)[(1)](#ntr1-C_2012184EN.01001102-E0001)

(Community trade mark - Invalidity proceedings - Figurative Community trade mark representing a surface with black dots - Shape of goods which is necessary to obtain a technical result - Article 7(1)(e)(ii) of Regulation (EC) No 207/2009)

2012/C 184/19

Language of the case: English

Parties

Applicant: Yoshida Metal Industry Co. Ltd (Tsubame-shi, Japan) (represented by: S. Verea, K. Muraro and M. Balestriero, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, acting as Agent)

Other parties to the proceedings before the Board of Appeal of OHIM: Pi-Design AG (Triengen, Switzerland), Bodum France (Neuilly-sur-Seine, France) and Bodum Logistics A/S (Billund, Denmark) (represented by H. Pernez, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 20 May 2010 (Case R 1237/2008-1), relating to invalidity proceedings between Pi-Design AG, Bodum France and Bodum Logistics A/S, on the one hand, and Yoshida Metal Industry Co. Ltd, on the other hand

Operative part of the judgment

The Court (Fourth Chamber):

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| 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 20 May 2010 (Case R 1237/2008-1); |

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| 2. | Orders OHIM to bear its own costs and to pay the costs of Yoshida Metal Industry Co. Ltd; |

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| 3. | Orders Pi-Design AG, Bodum France and Bodum Logistics A/S to bear their own respective costs. |

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