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Case T-674/13: Judgment of the General Court of 28 January 2016 — Gugler France v OHIM — Gugler (GUGLER) (Community trade mark — Invalidity proceedings — Community figurative mark GUGLER — Absolute ground for refusal — Article 52(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — Article 8(4) and Article 53(1)(c) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Ground raised by the Court of its own motion)
ECLI:EU:UNKNOWN:62013TA0674
62013TA0674
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Official Journal of the European Union
C 90/14
(Case T-674/13)(1)
((Community trade mark - Invalidity proceedings - Community figurative mark GUGLER - Absolute ground for refusal - Article 52(1)(b) of Regulation (EC) No 207/2009 - Relative ground for refusal - Article 8(4) and Article 53(1)(c) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009 - Ground raised by the Court of its own motion))
(2016/C 090/19)
Language of the case: English
Parties
Applicant: Gugler France (Besançon, France) (represented by: A. Grolée, lawyer)
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: Alexander Gugler (Maxdorf, Germany)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 16 October 2013 (Case R 356/2012-4), relating to invalidity proceedings between Gugler France and Mr Alexander Gugler.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 October 2013 (Case R 356/2012-4);
2.Dismisses the action as to the remainder;
3.Orders OHIM to bear its own costs and to pay those incurred by Gugler France in the course of the proceedings before the Court.
OJ C 61, 1.3.2014.