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Case C-76/11 P: Order of the Court (Eighth Chamber) of 29 November 2011 — Tresplain Investments Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Hoo Hing Holdings Ltd (Appeals — Community trade mark — Regulation (EC) No 40/94 — Articles 8(4) and 52(1)(c) — Community figurative mark Golden Elephant Brand — Application for a declaration of invalidity based on a non-registered national figurative mark GOLDEN ELEPHANT — Reference to the national law governing the earlier trade mark — Common-law action for passing-off)
ECLI:EU:UNKNOWN:62011CB0076
62011CB0076
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14.4.2012
Official Journal of the European Union
C 109/4
(Case C-76/11 P) (<span class="super">1</span>)
(Appeals - Community trade mark - Regulation (EC) No 40/94 - Articles 8(4) and 52(1)(c) - Community figurative mark Golden Elephant Brand - Application for a declaration of invalidity based on a non-registered national figurative mark GOLDEN ELEPHANT - Reference to the national law governing the earlier trade mark - Common-law action for passing-off)
2012/C 109/06
Language of the case: English
Parties
Appellant: Tresplain Investments Ltd. (represented by: B. Brandreth, Barrister)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent) Hoo Hing Holdings Ltd (represented by: M. Edenborough QC)
Re:
Appeal against the judgment of the General Court (Eighth Chamber) of 9 December 2010 in Case T-303/08 Tresplain Investments Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), by which the Court dismissed the action brought by the proprietor of the Community figurative mark ‘Golden Elephant Brand’, for goods in class 30, against Decision R 889/2007-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 May 2008, annulling the decision of the Cancellation Division which had rejected an application for a declaration of invalidity of that mark, brought by the proprietor of the unregistered national figurative mark ‘GOLDEN ELEPHANT’, for goods in class 30 — Interpretation and application of Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009)
Operative part of the order
1.Dismisses the appeal.
2.Orders Tresplain Investments Ltd to pay the costs.
(<span class="super">1</span>) OJ C 120, 16.4.2011.