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Case T-279/09: Judgment of the General Court of 12 July 2012 — Aiello v OHIM — Cantoni ITC (100 % Capri) (Community trade mark — Opposition proceedings — Notification of the opposing party’s pleading before the Board of Appeal — Rules 50(1), 20(2) and 67(1) of Regulation (EC) No 2868/95 — Rights of the defence)
ECLI:EU:UNKNOWN:62009TA0279
62009TA0279
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25.8.2012
Official Journal of the European Union
C 258/16
(Case T-279/09)(1)
(Community trade mark - Opposition proceedings - Notification of the opposing party’s pleading before the Board of Appeal - Rules 50(1), 20(2) and 67(1) of Regulation (EC) No 2868/95 - Rights of the defence)
2012/C 258/26
Language of the case: Italian
Parties
Applicant: Antonino Aiello (Vico Equense, Italy) (represented by: M. Coccia and L. Pardo, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Cantoni ITC SpA (Milan, Italy)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 2 April 2009 (Case R 1148/2008-1), relating to opposition proceedings between Cantoni ITC SpA and Antonino Aiello.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 2 April 2009 (Case R 1148/2008-1);
2.Orders OHIM to pay the costs.
OJ C 220, 12.9.2009.