Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (First Chamber) of 23 September 2009 – Cohausz v OHIM – Izquierdo Faces (acopat)**

**(Case T-409/07)**

Community trade mark – Invalidity proceedings – Community figurative mark acopat – Earlier national word marks COPAT – Relative ground for refusal – No genuine use of the earlier marks – Article 56(2) and (3) of Regulation (EC) No 40/94 (now Article 57(2) and (3) of Regulation (EC) No 207/2009)

Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Registration contrary to Article 8(1)(b) of Regulation No 40/94 (Council Regulation No 40/94, Art. 56(2)) (see paras 37-77)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 6 September 2007 (Case R 289/2006-1) relating to invalidity proceedings between Helge B. Cohausz and José Izquierdo Faces. |

**Information relating to the case**

|  |  |
| --- | --- |
| Registered Community trade mark subject to an application for validity: | Figurative mark acopat for services in Classes 35 and 42 – Community trade mark No 1643782 |
| Proprietor of the Community trade mark: | José Izquierdo Faces |
| Party requesting the declaration of invalidity of the Community trade mark: | Helge B. Cohausz |
| Trade mark right of the party requesting the declaration of invalidity: | National word mark COPAT for goods and services in Classes 9, 35, 41 and 42 |
| Decision of the Cancellation Division: | Declaration of invalidity of the Community trade mark |
| Decision of the Board of Appeal: | Annulment of the Cancellation Division’s decision and dismissal of the request for a declaration of invalidity |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Mr Helge B. Cohausz to pay the costs. |

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