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Case C-97/12 P: Judgment of the Court (Eighth Chamber) of 15 May 2014 — Louis Vuitton Malletier v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Friis Group International ApS (Appeal — Community trade mark — Invalidity proceedings — Figurative mark representing a locking device — No distinctive character — Partial invalidity — Regulation (EC) No 40/94 — Article 7(1)(b))
ECLI:EU:UNKNOWN:62012CA0097
62012CA0097
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Official Journal of the European Union
C 212/3
(Case C-97/12 P) (<span class="super">1</span>)
((Appeal - Community trade mark - Invalidity proceedings - Figurative mark representing a locking device - No distinctive character - Partial invalidity - Regulation (EC) No 40/94 - Article 7(1)(b)))
2014/C 212/03
Language of the case: English
Parties
Appellant: Louis Vuitton Malletier (represented by: P. Roncaglia, G. Lazzeretti, M. Boletto, E. Gavuzzi and N. Parrotta, avvocati)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent), Friis Group International (represented by: C. Type Jardorf, advokat)
Re:
Appeal against the judgment of the General Court (Third Chamber) of 14 December 2011 in Case T-237/10 Vuitton Malletier v OHIM and Friis Group International (Representation of a locking device), by which the General Court partially granted an action for annulment brought by the proprietor of the Community figurative mark representing a locking device, for goods in Classes 9, 14, 18 and 25, against Decision No R 1590/2008-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 February 2010, partially annulling the decision of the Cancellation Division which rejected the application for a declaration of invalidity of that mark
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Dismisses the cross-appeal;
3.Orders Louis Vuitton Malletier, the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Friis Group International ApS each to bear its own costs.
(<span class="super">1</span>) OJ C 126, 28.4.2012.