Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Seventh Chamber) of 30 September 2010 – Granuband v OHIM – Granuflex (GRANUflex)**

**(Case T-534/08)**

Community trade mark – Invalidity proceedings – Community figurative mark GRANUflex – Previous company name and business name GRANUFLEX – Relative ground for refusal – Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 53(1)(c) of Regulation (EC) No
207/2009)

Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Registration contrary to Article 8(4) of Regulation No 40/94 (Council Regulation No 40/94, Arts 8(4) and 52(1)(c)) (see paras
35-38)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 September 2008 (Case R 1277/2007-2), relating to invalidity proceedings between Granuflex Ipari és Kereskedelmi Kft and Granuband BV. |

**Information relating to the case**

|  |  |
| --- | --- |
| Registered Community trade mark of which cancellation sought: | Figurative mark GRANUFLEX for goods in Classes 17, 19 and 27 – Community trade mark No 943118 |
| Proprietor of the Community trade mark: | Granuband BV |
| Party requesting the declaration of invalidity of the Community trade mark: | Granuflex Ipari és Kereskedelmi Kft |
| Trade mark of the party seeking cancellation: | Commercial designation GRANUFLEX for goods and services in Classes 17, 19, 27 and 37 |
| Decision of the Cancellation Division: | Community trade mark annulled |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Granuband BV to pay the costs. |

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