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Case C-171/12 P: Order of the Court (Seventh Chamber) of 28 February 2013 — Carrols Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Giulio Gambettola (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 51(1)(b) — Community figurative mark Pollo Tropical CHICKEN ON THE GRILL — Application for a declaration of invalidity submitted by the proprietor of the national figurative mark Pollo Tropical CHICKEN ON THE GRILL and the national word mark POLLO TROPICAL — Absolute grounds for invalidity — Bad faith — Inadmissibility)
ECLI:EU:UNKNOWN:62012CB0171
62012CB0171
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Official Journal of the European Union
C 129/3
(Case C-171/12 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 51(1)(b) - Community figurative mark Pollo Tropical CHICKEN ON THE GRILL - Application for a declaration of invalidity submitted by the proprietor of the national figurative mark Pollo Tropical CHICKEN ON THE GRILL and the national word mark POLLO TROPICAL - Absolute grounds for invalidity - Bad faith - Inadmissibility)
2013/C 129/05
Language of the case: Spanish
Parties
Appellant: Carrols Corp. (represented by: I. Temiño Ceniceros, abogado)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent), Giulio Gambettola (represented by: F. Brandolini Kujman, abogado)
Re:
Appeal against the judgment of the General Court (Eighth Chamber) of 1 February 2012 in Case T-291/09 Carrols Corp. v OHIM, by which that Court dismissed an application for annulment of 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 order
1.The appeal is dismissed.
(<span class="super">1</span>) OJ C 174, 16.6.2012.