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Case C-266/12 P: Order of the Court (Tenth Chamber) of 7 February 2013 — Jarosław Majtczak v Feng Shen Technology Co. Ltd, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeals — Community trade mark — Regulation (EC) No 40/94 — Article 51(1)(b) — Applicant’s bad faith when filing the Community trade mark — Figurative mark ‘FS’ — Application for a declaration of invalidity)
ECLI:EU:UNKNOWN:62012CB0266
62012CB0266
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Official Journal of the European Union
C 129/4
(Case C-266/12 P) (<a id="ntc1-C_2013129EN.01000403-E0001" href="#ntr1-C_2013129EN.01000403-E0001"> (<span class="super">1</span>)</a>
(Appeals - Community trade mark - Regulation (EC) No 40/94 - Article 51(1)(b) - Applicant’s bad faith when filing the Community trade mark - Figurative mark ‘FS’ - Application for a declaration of invalidity)
2013/C 129/08
Language of the case: English
Parties
Appellant: Jarosław Majtczak (represented by: J. Radłowski, radca prawny)
Other parties to the proceedings: Feng Shen Technology Co. Ltd (represented by P. Rath, Rechtsanwalt), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent,)
Re:
Appeal brought against the judgment of the General Court (Fourth Chamber) of 21 March 2012 in Case T-227/09 Feng Shen Technology v OHIM — Majtczak (FS), by which the General Court annulled Decision R 529/2008-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 1 April 2009 dismissing the appeal brought against the decision of the Cancellation Division which had rejected the application for a declaration of invalidity brought by the applicant against the figurative mark ‘FS’ for goods in Class 26
Operative part of the order
1.The appeal is dismissed.
2.Mr Jarosław Majtczak shall pay the costs.
(<a id="ntr1-C_2013129EN.01000403-E0001" href="#ntc1-C_2013129EN.01000403-E0001">(<span class="super">1</span>)</a> <a href="./../../../../legal-content/EN/AUTO/?uri=OJ:C:2012:258:TOC">OJ C 258, 25.8.2012</a>.)