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Case T-191/11: Judgment of the General Court of 25 October 2012 — Automobili Lamborghini v OHIM — Miura Martínez (Miura) (Community trade mark — Opposition proceedings — Application for figurative Community trade mark Miura — Earlier national word and figurative marks MIURA — Rights of the defence — Right to be heard — Article 75 of Regulation (EC) No 207/2009 — Notification by ordinary mail — Rule 62(1) and (5) of Regulation (EC) No 2868/95)
ECLI:EU:UNKNOWN:62011TA0191
62011TA0191
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Official Journal of the European Union
C 379/23
(Case T-191/11)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for figurative Community trade mark Miura - Earlier national word and figurative marks MIURA - Rights of the defence - Right to be heard - Article 75 of Regulation (EC) No 207/2009 - Notification by ordinary mail - Rule 62(1) and (5) of Regulation (EC) No 2868/95)
2012/C 379/39
Language of the case: German
Parties
Applicant: Automobili Lamborghini Holding SpA (Sant’ Agata Bolognese, Italy) (represented by: P. Kather, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel and D. Walicka, agents)
Other parties to the proceedings before the Board of Appeal of OHIM: Eduardo Miura Martínez and Antonio José Miura Martínez (Seville, Spain)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 January 2011 (Case R 161/2010-4) relating to opposition proceedings between Eduardo Miura Martínez and Antonio José Miura Martínez and Automobili Lamborghini Holding SpA.
Operative part of the judgment
The General Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 January 2011 (Case R 161/2010 4);
2.Orders the Commission to pay the costs.
(<span class="super">1</span>) OJ C 160, 28.5.2011.