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Case C-342/09 P: Order of the Court (Sixth Chamber) of 27 October 2010 — Victor Guedes — Indústria e Comércio SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Consorci de l’Espai Rural de Gallecs, established in Gallecs (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) and (5) — Figurative mark Gallecs — Opposition by the proprietor of the national figurative marks GALLO, GALLO AZEITE NOVO, Azeite Novo and the Community figurative mark GALLO — Rejection of the opposition — Appeal in part clearly inadmissible and in part clearly unfounded)
ECLI:EU:UNKNOWN:62009CB0342
62009CB0342
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Valentina R., lawyer
12.3.2011
EN
Official Journal of the European Union
C 80/7
(Case C-342/09 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) and (5) - Figurative mark Gallecs - Opposition by the proprietor of the national figurative marks GALLO, GALLO AZEITE NOVO, Azeite Novo and the Community figurative mark GALLO - Rejection of the opposition - Appeal in part clearly inadmissible and in part clearly unfounded)
2011/C 80/11
Language of the case: English
Parties
Appellant: Victor Guedes — Indústria e Comércio SA (represented by: B. Braga da Cruz, advogado)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: J. Crespo Carrillo, Agent), Consorci de l’Espai Rural de Gallecs, established in Gallecs
Re:
Appeal against the judgment of the Court of First Instance (Eighth Chamber) of 11 June 2009 in Case T-151/08 Victor Guedes-Indústria e Comércio, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), by which that Court dismissed an action brought by the proprietor of the national figurative marks ‘GALLO’, ‘GALLO AZEITE NOVO’ and ‘GALLO AZEITE’ and the Community figurative mark ‘GALLO’ for goods and services in Classes 29 and 31 against Decision R 986/2007-2 of the Second Board of Appeal of OHIM of 16 January 2008 dismissing the appeal lodged against the decision of the Opposition Division rejecting the opposition brought by the appellant against the application for registration of the figurative mark ‘Gallecs’ for goods in Classes 29, 31 and 35 — Infringement of Article 8(1)(b) and (5) of Regulation (EC) No 40/94
Operative part of the order
1.The appeal is dismissed.
2.Victor Guedes — Indústria e Comércio SA shall pay the costs.
(<span class="super">1</span>) OJ C 267, 7.11.2009.