This document is an excerpt from the EUR-Lex website
Document 62013TA0674
Case T-674/13: Judgment of the General Court of 28 January 2016 — Gugler France v OHIM — Gugler (GUGLER) (Community trade mark — Invalidity proceedings — Community figurative mark GUGLER — Absolute ground for refusal — Article 52(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — Article 8(4) and Article 53(1)(c) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Ground raised by the Court of its own motion)
Case T-674/13: Judgment of the General Court of 28 January 2016 — Gugler France v OHIM — Gugler (GUGLER) (Community trade mark — Invalidity proceedings — Community figurative mark GUGLER — Absolute ground for refusal — Article 52(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — Article 8(4) and Article 53(1)(c) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Ground raised by the Court of its own motion)
Case T-674/13: Judgment of the General Court of 28 January 2016 — Gugler France v OHIM — Gugler (GUGLER) (Community trade mark — Invalidity proceedings — Community figurative mark GUGLER — Absolute ground for refusal — Article 52(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — Article 8(4) and Article 53(1)(c) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Ground raised by the Court of its own motion)
OJ C 90, 7.3.2016, pp. 14–14
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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7.3.2016 |
EN |
Official Journal of the European Union |
C 90/14 |
Judgment of the General Court of 28 January 2016 — Gugler France v OHIM — Gugler (GUGLER)
(Case T-674/13) (1)
((Community trade mark - Invalidity proceedings - Community figurative mark GUGLER - Absolute ground for refusal - Article 52(1)(b) of Regulation (EC) No 207/2009 - Relative ground for refusal - Article 8(4) and Article 53(1)(c) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009 - Ground raised by the Court of its own motion))
(2016/C 090/19)
Language of the case: English
Parties
Applicant: Gugler France (Besançon, France) (represented by: A. Grolée, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Alexander Gugler (Maxdorf, Germany)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 16 October 2013 (Case R 356/2012-4), relating to invalidity proceedings between Gugler France and Mr Alexander Gugler.
Operative part of the judgment
The Court:
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1. |
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 October 2013 (Case R 356/2012-4); |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders OHIM to bear its own costs and to pay those incurred by Gugler France in the course of the proceedings before the Court. |