Source: EURLEX
Language: en
Format: md

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| 7.3.2016 | EN | Official Journal of the European Union | C 90/14 |

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Judgment of the General Court of 28 January 2016 — Gugler France v OHIM — Gugler (GUGLER)

(Case T-674/13)[(1)](#ntr1-C_2016090EN.01001401-E0001)

((Community trade mark - Invalidity proceedings - Community figurative mark GUGLER - Absolute ground for refusal - Article 52(1)(b) of Regulation (EC) No 207/2009 - Relative ground for refusal - Article 8(4) and Article 53(1)(c) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009 - Ground raised by the Court of its own motion))

(2016/C 090/19)

Language of the case: English

Parties

Applicant: Gugler France (Besançon, France) (represented by: A. Grolée, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Alexander Gugler (Maxdorf, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 16 October 2013 (Case R 356/2012-4), relating to invalidity proceedings between Gugler France and Mr Alexander Gugler.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 October 2013 (Case R 356/2012-4); |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders OHIM to bear its own costs and to pay those incurred by Gugler France in the course of the proceedings before the Court. |

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