(Case T-409/07)

Community trade mark – Invalidity proceedings – Community figurative mark acopat – Earlier national word marks COPAT – Relative ground for refusal – No genuine use of the earlier marks – Article 56(2) and (3) of Regulation (EC) No 40/94 (now Article 57(2) and (3) of Regulation (EC) No 207/2009)

Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Registration contrary to Article 8(1)(b) of Regulation No 40/94 (Council Regulation No 40/94, Art. 56(2)) (see paras 37-77)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 6 September 2007 (Case R 289/2006-1) relating to invalidity proceedings between Helge B. Cohausz and José Izquierdo Faces.

Information relating to the case

Registered Community trade mark subject to an application for validity:

Figurative mark acopat for services in Classes 35 and 42 – Community trade mark No 1643782

Proprietor of the Community trade mark:

José Izquierdo Faces

Party requesting the declaration of invalidity of the Community trade mark:

Trade mark right of the party requesting the declaration of invalidity:

National word mark COPAT for goods and services in Classes 9, 35, 41 and 42

Decision of the Cancellation Division:

Declaration of invalidity of the Community trade mark

Decision of the Board of Appeal:

Annulment of the Cancellation Division’s decision and dismissal of the request for a declaration of invalidity

Operative part

The Court:

1.Dismisses the action;

2.Orders Mr Helge B. Cohausz to pay the costs.