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Judgment of the Court (Second Chamber) of 4 October 2007. # Naipes Heraclio Fournier SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Regulation (EC) No 40/94 - Community trade mark - Figurative marks comprising the representation of a ‘sword’, a ‘knight of clubs’ and a ‘king of swords’ in a pack of cards - Declaration of invalidity of the mark. # Case C-311/05 P.
ECLI:EU:C:2007:572
62005CJ0311
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(Case C‑311/05 P)
Appeal – Regulation (EC) No 40/94 – Community trade mark – Figurative marks comprising the representation of a ‘sword’, a ‘knight of clubs’ and a ‘king of swords’ in a pack of cards – Declaration of invalidity of the mark
Community trade mark – Appeals procedure – Appeals before the Community judicature – Jurisdiction of the Court of First Instance (Council Regulation No 40/94, Art. 63) (see paras 39, 42-43)
Re:
Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 11 May 2005 in Joined Cases T‑160/02 to T‑162/02 Naipes Heraclio Fournier v OHIM (intervener: France Cartes SAS), by which the Court of First Instance dismissed the actions brought against three decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 28 February 2002, allowing the applications for declarations of invalidity brought by France Cartes SAS in respect of three figurative marks of which the applicant is proprietor.
Operative part
The Court:
Dismisses the appeal;
Orders Naipes Heraclio Fournier, SA to pay the costs.