(Case T-534/08)

Community trade mark – Invalidity proceedings – Community figurative mark GRANUflex – Previous company name and business name GRANUFLEX – Relative ground for refusal – Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009)

Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Registration contrary to Article 8(4) of Regulation No 40/94 (Council Regulation No 40/94, Arts 8(4) and 52(1)(c)) (see paras 35-38)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 September 2008 (Case R 1277/2007-2), relating to invalidity proceedings between Granuflex Ipari és Kereskedelmi Kft and Granuband BV.

Information relating to the case

Registered Community trade mark of which cancellation sought:

Figurative mark GRANUFLEX for goods in Classes 17, 19 and 27 – Community trade mark No 943118

Proprietor of the Community trade mark:

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

Granuflex Ipari és Kereskedelmi Kft

Trade mark of the party seeking cancellation:

Commercial designation GRANUFLEX for goods and services in Classes 17, 19, 27 and 37

Decision of the Cancellation Division:

Community trade mark annulled

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Granuband BV to pay the costs.