Community trade mark Relative ground for refusal Invalidity proceedings Community figurative mark GRANUflex Previous company name and business name GRANUFLEX Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 53(1) of Regulation (EC) No 207/2009)
Sumário
Judgment of the General Court (Seventh Chamber) of 30 September 2010.
Granuband BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Invalidity proceedings - Community figurative mark GRANUflex - Previous company name and business name GRANUFLEX - Relative ground for refusal - Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 53(1) of Regulation (EC) No 207/2009).
Case T-534/08.
Texto da decisão
Judgment of the General Court (Seventh Chamber) of 30 September 2010 – Granuband v OHIM – Granuflex (GRANUflex)
(Case T-534/08)
Community trade mark – Invalidity proceedings – Community figurative mark GRANUflex – Previous company name and business name GRANUFLEX – Relative ground for refusal – Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009)
Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Registration contrary to Article 8(4) of Regulation No 40/94 (Council Regulation No 40/94, Arts 8(4) and 52(1)(c)) (see paras 35-38)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 September 2008 (Case R 1277/2007-2), relating to invalidity proceedings between Granuflex Ipari és Kereskedelmi Kft and Granuband BV. |
Information relating to the case
|
Registered Community trade mark of which cancellation sought: |
Figurative mark GRANUFLEX for goods in Classes 17, 19 and 27 – Community trade mark No 943118 |
|
Proprietor of the Community trade mark: |
Granuband BV |
|
Party requesting the declaration of invalidity of the Community trade mark: |
Granuflex Ipari és Kereskedelmi Kft |
|
Trade mark of the party seeking cancellation: |
Commercial designation GRANUFLEX for goods and services in Classes 17, 19, 27 and 37 |
|
Decision of the Cancellation Division: |
Community trade mark annulled |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Granuband BV to pay the costs. |