CELEX: 62009TJ0250
Language: en
Date: 2011-09-22
Title: Judgment of the General Court (Seventh Chamber) of 22 September 2011. # Cesea Group Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community figurative mark Mangiami - Earlier international word mark MANGINI - Admissibility of new evidence - Article 76(2) of Regulation (EC) No 207/2009. # Case T-250/09.

Judgment of the General Court (Seventh Chamber) of 22 September 2011 – Cesea Group v OHIM – Mangini & C. (Mangiami)
      (Case T-250/09)
      Community trade mark – Invalidity proceedings – Community figurative mark Mangiami – Earlier international word mark MANGINI – Admissibility of new evidence – Article 76(2) of Regulation (EC) No 207/2009
      Community trade mark – Surrender, revocation and invalidity – Examination of the application – Proof of use of the earlier mark – Time-limit set by the Office – Submission of additional evidence after expiry of the time-limit where there are new factors – Lawfulness (Council Regulation No 2868/95, Art. 1, Rules 22(2), and 40(6)) (see paras 22, 24-27)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 April 2009 (Case R 982/2008‑2) relating to
                  invalidity proceedings between Mangini & C. Srl and Cesea Group Srl.
               
            Operative part
      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 20 April 2009 (Case R 982/2008‑2);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay the costs.