Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 1.8.2009 | EN | Official Journal of the European Union | C 180/46 |

---

Judgment of the Court of First Instance of 12 June 2009 — Harwin International v OHIM — Cuadrado (Pickwick COLOUR GROUP)

(Case T-450/07)[(1)](#ntr1-C_2009180EN.01004602-E0001)

(Community trade mark - Invalidity proceedings - Figurative Community trade mark Pickwick COLOUR GROUP - Earlier national trade marks PicK OuiC and PICK OUIC Cuadrado, S.A. VALENCIA - Request for proof of use - Article 56(2) and (3) of Regulation (EC) No 40/94 (now Article 57(2) and (3) of Regulation (EC) No 207/2009))

2009/C 180/85

Language of the case: English

Parties

Applicant: Harwin International LLC (Albany, New York, United States) (represented by: D. Przedborski, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Cuadrado, SA (Paterna, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 10 September 2007 (Case R 1245/2006-2), relating to invalidity proceedings between Cuadrado SA and Harwin International LLC

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 10 September 2007 (Case R 1245/2006-2); |

|  |  |
| --- | --- |
| 2. | Orders OHIM to bear its own costs and pay those incurred by Harwin International LLC. |

---

[Top](#document1)