Source: EURLEX
Language: en
Format: md

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| 10.11.2014 | EN | Official Journal of the European Union | C 395/40 |

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Judgment of the General Court of 25 September 2014 — Giorgis v OHIM — Comigel (Shape of two packaged goblets)

(Case T-474/12) [(1)](#ntr1-C_2014395EN.01004001-E0001)

((Community trade mark - Invalidity proceedings - Three-dimensional Community trade mark - Shape of two packaged goblets - Absolute ground for refusal - Lack of distinctive character - Lack of distinctive character acquired through use - Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009))

(2014/C 395/48)

Language of the case: English

Parties

Applicant: Giorgio Giorgis (Milan, Italy) (represented by: I. Prado and A. Tornato, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. Harrington, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Comigel SAS (Saint-Julien-lès-Metz, France) (represented by: S. Guerlain, J. Armengaud and C. Mateu, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 July 2012 (Case R 1301/2011-1) concerning invalidity proceedings between Comigel SAS and Mr Giorgio Giorgis.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Mr Giorgio Giorgis to pay the costs. |

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