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Valentina R., lawyer
(Case C-530/12 P)
((Appeals - Community trade mark - Regulation (EC) No 40/94 - Article 52(2)(c) - Application for a declaration of invalidity based on an earlier copyright under national law - Application by OHIM of national law - Role of the European Union judicature))
2014/C 151/03
Language of the case: English
Appellant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock and F. Mattina, Agents)
Other party to the proceedings: National Lottery Commission (represented by: R. Cardas, Advocate, and B. Brandreth, Barrister)
Appeal against the judgment of the General Court (Seventh Chamber) of 13 September 2012 in Case T-404/10 National Lottery Commission v OHIM, by which the General Court dismissed Decision R 1028/2009-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 9 June 2010, dismissing the appeal against the decision of the Cancellation Division which upheld the application for a declaration of invalidity lodged by Mediatek Italia and Giuseppe De Grégorio — Community figurative mark representing a hand with two crossed fingers and a smiling face — Article 53(2)(c) of Regulation (EC) No 207/2009 — Existence of an earlier copyright protected by national law — Burden of proof — Application by OHIM of national law.
The Court:
1.Sets aside the judgment of the General Court of the European Union of 13 September 2012 in Case T-404/10 National Lottery Commission v OHIM — Mediatek Italia and De Gregorio (Representation of a hand);
2.Refers the case back to the General Court of the European Union for a ruling on the merits of the action;
3.Orders that the costs be reserved.
(1)
OJ C 26, 26.1.2013.