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Case T-404/10: Judgment of the General Court of 13 September 2012 — National Lottery Commission v OHIM (Community trade mark — Invalidity proceedings — Community figurative mark representing a hand — Article 53(2)(c) of Regulation (EC) No 207/2009 — Existence of earlier copyright protected by national law — Burden of proof — Application by OHIM of national law — Review)
ECLI:EU:UNKNOWN:62010TA0404
62010TA0404
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Official Journal of the European Union
C 319/7
(Case T-404/10)(1)
(Community trade mark - Invalidity proceedings - Community figurative mark representing a hand - Article 53(2)(c) of Regulation (EC) No 207/2009 - Existence of earlier copyright protected by national law - Burden of proof - Application by OHIM of national law - Review)
2012/C 319/11
Language of the case: English
Parties
Applicant: National Lottery Commission (London, United Kingdom) (represented by: B. Brandreth, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Mannucci and J. Crespo Carrillo, acting as Agents)
Other parties to the proceedings before the Board of Appeal of OHIM: Mediatek Italia Srl (Naples, Italy) and Giuseppe De Gregorio (Naples)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1028/2009-1) relating to invalidity proceedings between, on the one hand, Mediatek Italia Srl and Giuseppe De Gregorio and, on the other, the National Lottery Commission
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 9 June 2010 (Case R 1028/2009-1);
2.Orders OHIM to pay the costs, including those incurred by the National Lottery Commission in the proceedings before the Board of Appeal.
(1) OJ C 328, 4.12.2010.