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Judgment of the General Court (Seventh Chamber) of 22 September 2011. # Cesea Group Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community figurative mark Mangiami - Earlier international word mark MANGINI - Admissibility of new evidence - Article 76(2) of Regulation (EC) No 207/2009. # Case T-250/09.
ECLI:EU:T:2011:516
62009TJ0250
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(Case T-250/09)
Community trade mark – Invalidity proceedings – Community figurative mark Mangiami – Earlier international word mark MANGINI – Admissibility of new evidence – Article 76(2) of Regulation (EC) No 207/2009
Community trade mark – Surrender, revocation and invalidity – Examination of the application – Proof of use of the earlier mark – Time-limit set by the Office – Submission of additional evidence after expiry of the time-limit where there are new factors – Lawfulness (Council Regulation No 2868/95, Art. 1, Rules 22(2), and 40(6)) (see paras 22, 24-27)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 April 2009 (Case R 982/2008‑2) relating to invalidity proceedings between Mangini & C. Srl and Cesea Group Srl.
Operative part
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 April 2009 (Case R 982/2008‑2);
2.Orders OHIM to pay the costs.