Source: EURLEX
Language: en
Format: md

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| 21.12.2013 | EN | Official Journal of the European Union | C 377/13 |

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Judgment of the General Court of 12 November 2013 — Gamesa Eólica v OHIM — Enercon (Blended shades of green)

(Case T-245/12)[(1)](#ntr1-C_2013377EN.01001303-E0001)

(Community trade mark - Invalidity proceedings - Absolute ground for refusal - Application for Community trade mark consisting of blended shades of green - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Bad faith - Article 52(1)(b) of Regulation No 207/2009 - Article 62 of Regulation No 207/2009)

2013/C 377/31

Language of the case: English

Parties

Applicant: Gamesa Eólica, SL (Sarriguren, Spain) (represented by: E. Armijo Chávarri and A. Sanz Cerralbo, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Enercon GmbH (Aurich, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 March 2012 (Case R 260/2011-1) relating to invalidity proceedings between Gamesa Eólica SL and Enercon GmbH.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 March 2012 (Case R 260/2011-1); |

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| 2. | Orders OHIM to bear its own costs and to pay the costs of Gamesa Eólica, SL. |

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