CELEX: 62010TN0140
Language: en
Date: 2010-03-26 00:00:00
Title: Case T-140/10: Action brought on 26 March 2010 — Hans Günter Söns v OHIM — Settimio (GREAT CHINA WALL)

5.6.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 148/39
            
         Action brought on 26 March 2010 — Hans Günter Söns v OHIM — Settimio (GREAT CHINA WALL)
   (Case T-140/10)
   2010/C 148/66
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Hans Günter Söns (Wehr, Germany) (represented by: M. Schwabe, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Alfredo Settimio (Los Angeles, United States)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 January 2010 in case R 281/2009-1;
            
         
               —
            
            
               Order the defendant to declare invalid the registered Community trade mark subject of the application for invalidity; and
            
         
               —
            
            
               Order the defendant to bear the costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark subject of the application for invalidity: The word mark “GREAT CHINA WALL” for goods in classes 18, 24 and 25
   
      Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Party requesting the revocation of the Community trade mark: The applicant
   
      Decision of the Cancellation Division: Rejected the application for a declaration of invalidity
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 7(c) and (g) of Council Regulation No 207/2009 as the Board of Appeal wrongly applied the legal provisions in question; infringement of international agreements concerning the protection of geographical indications.