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Case C-530/12 P: Judgment of the Court (First Chamber) of 27 March 2014 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) v National Lottery Commission (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)

ECLI:EU:UNKNOWN:62012CA0530

62012CA0530

March 27, 2014
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19.5.2014

Official Journal of the European Union

C 151/3

(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

Parties

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)

Re:

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.

Operative part of the judgment

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.

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