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Case T-534/08: Judgment of the General Court of 30 September 2010 — Granuband v OHIM — Granuflex (GRANUflex) (Community trade mark — Invalidity proceedings — Community figurative mark GRANUflex — Previous company name and business name GRANUFLEX — Relative ground for refusal — Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 53(1) of Regulation (EC) No 207/2009))

ECLI:EU:UNKNOWN:62008TA0534

62008TA0534

September 30, 2010
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Official Journal of the European Union

C 317/28

(Case T-534/08)( <span class="super">1</span> )

(Community trade mark - Invalidity proceedings - Community figurative mark GRANUflex - Previous company name and business name GRANUFLEX - Relative ground for refusal - Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 53(1) of Regulation (EC) No 207/2009))

2010/C 317/50

Language of the case: Dutch

Parties

Applicant: Granuband BV (Krommenie, Netherlands) (represented by: M. Ellens, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: W. Verburg, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Granuflex Ipari és Kereskedelmi Kft (Budapest, Hungary) (represented by: K. Szamosi, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 September 2008 (Case R 1277/2007-2) relating to invalidity proceedings between Granuflex Ipari és Kereskedelmi Kft and Granuband BV.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Granuband BV to pay the costs.

(<span class="super">1</span>) OJ C 44 of 21.2.2009.

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