Source: EURLEX
Language: en
Format: md

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| 20.4.2013 | EN | Official Journal of the European Union | C 114/32 |

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Judgment of the General Court of 8 March 2013 — Mayer Naman v OHIM — Daniel e Mayer (David Mayer)

(Case T-498/10)[(1)](#ntr1-C_2013114EN.01003201-E0001)

(Community trade mark - Invalidity proceedings - Community figurative mark David Mayer - Earlier national word mark DANIEL & MAYER MADE IN ITALY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 - Request for proof of genuine use made for the first time before the Board of Appeal - Out of time - Article 57(2) and (3) of Regulation No 207/2009)

2013/C 114/50

Language of the case: Italian

Parties

Applicant: David Mayer Naman (Rome, Italy) (represented initially by S. Sutti, S. Cazzaniga and V. Fedele, and subsequently by V. Fedele and M. Spolidoro, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Daniel e Mayer Srl (Milan, Italy) (represented by: M. Andreolini and A. Parini, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 July 2010 (Case R 413/2009-1) relating to invalidity proceedings between Daniel e Mayer Srl and Mr David Mayer Naman.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Mr David Mayer Naman to pay the costs. |

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