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Case T-207/13: Judgment of the General Court of 24 June 2014 — 1872 Holdings v OHIM — Havana Club International (THE SPIRIT OF CUBA) (Community trade mark — Invalidity proceedings — Community word mark THE SPIRIT OF CUBA — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62013TA0207
62013TA0207
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Official Journal of the European Union
C 253/27
(Case T-207/13) (<span class="super">1</span>)
((Community trade mark - Invalidity proceedings - Community word mark THE SPIRIT OF CUBA - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))
2014/C 253/39
Language of the case: English
Parties
Applicant: 1872 Holdings vof (Amsterdam, Netherlands) (represented by: M. Antoine-Lalance, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Havana Club International SA (Havana, Cuba) (represented by: M. Pomares Caballero, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 31 January 2013 (Case R 684/2012-1) concerning invalidity proceedings between Havana Club International SA and 1872 Holdings vof.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders 1872 Holdings vof to pay the costs.
(<span class="super">1</span>) OJ C 171, 15.6.2013.