CELEX: 62012TN0474
Language: en
Date: 2012-10-31 00:00:00
Title: Case T-474/12: Action brought on 31 October 2012 — Giorgis v OHIM — Comigel (Shape of goblets)

12.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 9/40
            
         Action brought on 31 October 2012 — Giorgis v OHIM — Comigel (Shape of goblets)
   (Case T-474/12)
   2013/C 9/72
   Language in which the application was lodged: 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)
   
      Other party to the proceedings before the Board of Appeal: Comigel SAS (Saint- Julien-lès-Metz, France)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 July 2012 in case R 1301/2011-1; and
            
         
               —
            
            
               Order OHIM to pay the costs
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The three-dimensional mark representing a shape of goblets, for goods in class 30 — Community trade mark registration No 8132681
   
      Proprietor of the Community trade mark: The applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Grounds for the application for a declaration of invalidity: The request for a declaration of invalidity was based on grounds for refusal pursuant to Article 52(1)(a) in conjunction with Articles 7(1)(b) and (d) of Council Regulation No 207/2009
   
      Decision of the Cancellation Division: Declared the contested CTM invalid
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 7(1)(b) and 7(3) of Council Regulation No 207/2009.