General Court 23-09-2014 ECLI:EU:T:2014:803

Data

Court: General Court

Case date: 23 september 2014

Verdict

Judgment of the General Court (Third Chamber) of 23 September 2014 — Tegometall International v OHIM — Irega (MEGO)

(Case T‑11/13)

"Community trade mark - Invalidity proceedings - Community word mark MEGO - Relative ground for refusal - Earlier opposition proceedings - No application of the principle of res judicata"

Community trade markSurrender, revocation and invalidityAction for cancellationRelationship between a final decision on an opposition matter and an application for invalidityRes judicataScope (Council Regulation No 207/2009, Arts 53(4), and 100(2)) (see para. 12)

Community trade markAppeals procedureAction before the EU judicaturePower of the General Court to alter the contested decisionLimits (Council Regulation No 207/2009, Art. 65(3)) (see para. 15)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 25 October 2012 (Case R 1522/2011-1), concerning invalidity proceedings between Tegometall International AG and Irega AG.

Operative part

The Court:

Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 October 2012 (Case R 1522/2011-1);

Orders OHIM to bear its own costs and to pay those incurred by Tegometall International AG before the General Court as well as the Board of Appeal.