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Case T-11/13: Judgment of the General Court of 23 September 2014 — Tegometall International v OHIM — Irega (MEGO) (Community trade mark — Invalidity proceedings — Community word mark MEGO — Relative ground for refusal — Earlier opposition proceedings — No application of the principle of res judicata)
ECLI:EU:UNKNOWN:62013TA0011
62013TA0011
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Official Journal of the European Union
C 388/13
(Case T-11/13)(1)
((Community trade mark - Invalidity proceedings - Community word mark MEGO - Relative ground for refusal - Earlier opposition proceedings - No application of the principle of res judicata))
2014/C 388/15
Language of the case: German
Parties
Applicant: Tegmotall International AG (Lengwil, Switzerland) (represented by: H. Timmann and E. Schaper, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Irega AG (Zuchwil, Switzerland)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 25 October 2012 (Case R 1522/2011-1), concerning invalidity proceedings between Tegometall International AG and Irega AG.
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 25 October 2012 (Case R 1522/2011-1);
2.Orders OHIM to bear its own costs and to pay those incurred by Tegometall International AG before the General Court as well as the Board of Appeal.
(1)
OJ C 55, 23.2.2013.