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Case T-474/12: Judgment of the General Court of 25 September 2014 — Giorgis v OHIM — Comigel (Shape of two packaged goblets) (Community trade mark — Invalidity proceedings — Three-dimensional Community trade mark — Shape of two packaged goblets — Absolute ground for refusal — Lack of distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62012TA0474
62012TA0474
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10.11.2014
Official Journal of the European Union
C 395/40
(Case T-474/12) (*)
((Community trade mark - Invalidity proceedings - Three-dimensional Community trade mark - Shape of two packaged goblets - Absolute ground for refusal - Lack of distinctive character - Lack of distinctive character acquired through use - Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009))
(2014/C 395/48)
Language of the case: 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) (represented by: I. Harrington, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Comigel SAS (Saint-Julien-lès-Metz, France) (represented by: S. Guerlain, J. Armengaud and C. Mateu, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 26 July 2012 (Case R 1301/2011-1) concerning invalidity proceedings between Comigel SAS and Mr Giorgio Giorgis.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Giorgio Giorgis to pay the costs.
(*)
Language of the case: English
ECLI:EU:C:2014:140