5.6.2010 |
EN |
Official Journal of the European Union |
C 148/39 |
Action brought on 26 March 2010 — Hans Günter Söns v OHIM — Settimio (GREAT CHINA WALL)
(Case T-140/10)
2010/C 148/66
Language in which the application was lodged: English
Parties
Applicant: Hans Günter Söns (Wehr, Germany) (represented by: M. Schwabe, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Alfredo Settimio (Los Angeles, United States)
Form of order sought
— |
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 January 2010 in case R 281/2009-1; |
— |
Order the defendant to declare invalid the registered Community trade mark subject of the application for invalidity; and |
— |
Order the defendant to bear the costs. |
Pleas in law and main arguments
Registered Community trade mark subject of the application for invalidity: The word mark “GREAT CHINA WALL” for goods in classes 18, 24 and 25
Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
Party requesting the revocation of the Community trade mark: The applicant
Decision of the Cancellation Division: Rejected the application for a declaration of invalidity
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(c) and (g) of Council Regulation No 207/2009 as the Board of Appeal wrongly applied the legal provisions in question; infringement of international agreements concerning the protection of geographical indications.