CELEX: 62008TA0148
Language: en
Date: 2010-05-12 00:00:00
Title: Case T-148/08: Judgment of the General Court of 12 May 2010 — Beifa Group v OHIM — Schwan-Stabilo Schwanhaüßer (Instrument for writing) (Community design — Invalidity proceedings — Registered Community design representing an instrument for writing — Earlier national figurative mark — Ground for invalidity — Use in the Community design of an earlier sign the holder of which has the right to prohibit such use — Article 25(1)(e) of Regulation (EC) No 6/2002 — Request for proof of genuine use of the earlier mark made for the first time before the Board of Appeal)

3.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 179/33
            
         Judgment of the General Court of 12 May 2010 — Beifa Group v OHIM — Schwan-Stabilo Schwanhaüßer (Instrument for writing)
   (Case T-148/08) (1)
   
   (Community design - Invalidity proceedings - Registered Community design representing an instrument for writing - Earlier national figurative mark - Ground for invalidity - Use in the Community design of an earlier sign the holder of which has the right to prohibit such use - Article 25(1)(e) of Regulation (EC) No 6/2002 - Request for proof of genuine use of the earlier mark made for the first time before the Board of Appeal)
   2010/C 179/56
   Language of the case: English
   
      Parties
   
   
      Applicant: Beifa Group Co. Ltd (Ningbo, Zhejiang, China) (represented by: R. Davis, Barrister, and N. Cordell, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard Monguiral, acting as Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Schwan-Stabilo Schwanhaüßer GmbH & Co. KG (Heroldsberg, Germany) (represented by: U. Blumenröder and H. Gauß, lawyers)
   
      Re:
   
   Action brought against the decision of the Third Board of Appeal of OHIM of 31 January 2008 (Case R 1352/2006-3) relating to invalidity proceedings between Schwan-Stabilo Schwanhaüßer GmbH & Co. KG and Ningo Beifa Group Co., Ltd in respect of a Community design.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 31 January 2008 (Case R 1352/2006-3);
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders OHIM to bear its own costs and to pay those incurred by Beifa Group Co. Ltd, and orders Schwan Stabilo Schwanhaüßer GmbH & Co. KG to bear its own costs.
            
         
      (1)  OJ C 142, 7.6.2008.