Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 5.5.2012 | EN | Official Journal of the European Union | C 133/23 |

---

Judgment of the General Court of 21 March 2012 — Feng Shen Technology v OHIM — Majtczak (FS)

(Case T-227/09)[(1)](#ntr1-C_2012133EN.01002301-E0001)

(Community trade mark - Invalidity proceedings - Community figurative mark FS - Applicant acting in bad faith - Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 52(1)(b) of Regulation (EC) No 207/2009))

2012/C 133/43

Language of the case: English

Parties

Applicant: Feng Shen Technology Co. Ltd (Guieshan Township, Taïwan) (represented by: P. Rath and W. Festl-Wietek, lawyers)

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: (Jarosław Majtczak (Łódź, Poland) (represented by: initially by J. Wyrwas, and subsequently by J. Radłowski, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 April 2009 (Case R 529/2008-4), relating to invalidity proceedings between Feng Shen Technology Co. Ltd and Jarosław Majtczak

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 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 1 April 2009 (Case R 529/2008-4); |

|  |  |
| --- | --- |
| 2. | Orders OHIM to bear its own costs and pay the costs of Feng Shen Technology Co. Ltd; |

|  |  |
| --- | --- |
| 3. | Orders Mr Jarosław Majtczak to bear his own costs. |

---

[Top](#document1)