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Case T-331/10: Judgment of the General Court (Fourth Chamber) of 8 May 2012 — Yoshida Metal Industry v OHIM — Pi-Design and Others (Representation of a triangular surface with black dots) (Community trade mark — Invalidity proceedings — Figurative Community trade mark representing a surface with black dots — Shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62010TA0331
62010TA0331
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23.6.2012
Official Journal of the European Union
C 184/10
(Case T-331/10)(1)
(Community trade mark - Invalidity proceedings - Figurative Community trade mark representing a surface with black dots - Shape of goods which is necessary to obtain a technical result - Article 7(1)(e)(ii) of Regulation (EC) No 207/2009)
2012/C 184/17
Language of the case: English
Parties
Applicant: Yoshida Metal Industry Co. Ltd (Tsubame-shi, Japan) (represented by: S. Verea, K. Muraro and M. Balestriero, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other parties to the proceedings before the Board of Appeal of OHIM: Pi-Design AG (Triengen, Switzerland), Bodum France (Neuilly-sur-Seine, France) and Bodum Logistics A/S (Billund, Denmark) (represented by H. Pernez, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 20 May 2010 (Case R 1235/2008-1), relating to invalidity proceedings between Pi-Design AG, Bodum France and Bodum Logistics A/S, on the one hand, and Yoshida Metal Industry Co. Ltd, on the other hand
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 May 2010 (Case R 1235/2008-1);
2.Orders OHIM to bear its own costs and to pay the costs of Yoshida Metal Industry Co. Ltd;
3.Orders Pi-Design AG, Bodum France and Bodum Logistics A/S to bear their own respective costs.
OJ C 274, 9.10.2010.