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Case T-608/11: Judgment of the General Court of 27 June 2013 — Beifa Group v OHIM — Schwan-Stabilo Schwanhäußer (Instrument for writing) (Community design — Invalidity proceedings — Registered Community design representing an instrument for writing — Earlier national figurative and three-dimensional trade marks — Ground for invalidity — Use in the Community design of an earlier sign the holder of which has the right to prohibit such use — Article 25(1)(e) of Regulation (EC) No 6/2002 — Decision taken following the annulment by the General Court of an earlier decision)
ECLI:EU:UNKNOWN:62011TA0608
62011TA0608
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Official Journal of the European Union
C 225/74
(Case T-608/11) (<span class="super">1</span>)
(Community design - Invalidity proceedings - Registered Community design representing an instrument for writing - Earlier national figurative and three-dimensional trade marks - Ground for invalidity - Use in the Community design of an earlier sign the holder of which has the right to prohibit such use - Article 25(1)(e) of Regulation (EC) No 6/2002 - Decision taken following the annulment by the General Court of an earlier decision)
2013/C 225/163
Language of the case: English
Parties
Applicant: Beifa Group Co. Ltd (Ningbo, China) (represented by: R. Davis, Barrister, N. Cordell, Solicitor, and B. Longstaff, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Schwan-Stabilo Schwanhäußer GmbH & Co. KG (Heroldsberg, Germany) (represented by: H. Gauß and U. Blumenröder, lawyers)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 9 August 2011 (Case R 1838/2010-3) relating to invalidity proceedings between Schwan-Stabilo Schwanhäußer GmbH & Co. KG and Ningbo Beifa Group Co., Ltd.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Beifa Group Co. Ltd to pay the costs.
(<span class="super">1</span>) OJ C 32, 4.2.2012.