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Case T-291/09: Judgment of the General Court of 1 February 2012 — Carrols v OHIM — Gambettola (Pollo Tropical CHICKEN ON THE GRILL) (Community trade mark — Invalidity proceedings — Figurative Community mark Pollo Tropical CHICKEN ON THE GRILL — Absolute grounds for refusal — No bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62009TA0291

62009TA0291

February 1, 2012
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10.3.2012

Official Journal of the European Union

C 73/26

(Case T-291/09)(1)

(Community trade mark - Invalidity proceedings - Figurative Community mark Pollo Tropical CHICKEN ON THE GRILL - Absolute grounds for refusal - No bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009)

2012/C 73/51

Language of the case: Spanish

Parties

Applicant: Carrols Corp. (Dover, Delaware, United States) (represented by: I. Temiño Ceniceros, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Giulio Gambettola (Los Realejos, Spain) (represented by: F. Brandolini Kujman, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 May 2009 (Case R 632/2008-1), relating to invalidity proceedings between Carrols Corp. and Mr Giulio Gambettola.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Carrols Corp. to pay the costs.

(1) OJ C 220, 12.9.2009.

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