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Case C-337/12 P: Appeal brought on 16 July 2012 by Pi-Design AG, Bodum France and Bodum Logistics A/S against the judgment of the General Court (Fourth Chamber) delivered on 8 May 2012 in Case T-331/10: Yoshida Metal Industry Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
ECLI:EU:UNKNOWN:62012CN0337
62012CN0337
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29.9.2012
Official Journal of the European Union
C 295/19
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(Case C-337/12 P)
2012/C 295/33
Language of the case: English
Parties
Appellants: Pi-Design AG, Bodum France, and Bodum Logistics A/S, (represented by: H. Pernez, Advocate)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Yoshida Metal Industry Co. Ltd
Form of order sought
The appellants claim that the Court should:
—Squash the judgment of the General Court
—Annul the Community trademark 1 371 244
Subsidiairily
—Refer the case back to the General Court with the obligation to refer the case back to the Board of Appeal in the case of annulment of the latter's decision.
—Order YOSHIDA METAL INDUSTRY CO. LTD. to bear the costs.
Pleas in law and main arguments
The appellants submit that the contested judgment should be annulled on the ground that the General court infringed Article 7(1)(e)(ii) of the Community trade mark regulation by applying incorrect criteria in the identification of the essential characteristics of the contested sign and by distorting the evidence before it.
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