Judgment of the General Court (Seventh Chamber) of 27 June 2013 — Beifa Group v OHIM — Schwan-Stabilo Schwanhäußer (Instruments for writing)
(Case T‑608/11)
Community design — Invalidity proceedings — Registered Community design representing an instrument for writing — Earlier national figurative and three-dimensional trademarks — Ground for invalidity — Use in the Community design of an earlier sign the holder of which has the right to prohibit such use — Article 25(1)(e) of Regulation (EC) No 6/2002 — Decision taken following the annulment by the General Court of an earlier decision
1. Actions for annulment — Judgment annulling a measure — Effects — Obligation to implement — Scope — Both the operative part and the grounds of the judgment to be taken into account (Art. 266 TFEU) (see para. 33)
2. Community design — Appeals procedure — Action brought against a decision taken by an OHIM body — Examination by the Board of Appeal — Scope (Council Regulation No 6/2002, Arts 25(1), and 60(1)) (see paras 37, 56)
3. Community design — Procedural provisions — Decisions of the Office — Observance of the rights of the defence — Scope of the principle (Council Regulation No 6/2002, Art. 62) (see paras 42, 51)
4. Community design — Appeals procedure — Appeal brought against a decision of a unit of the Office — Examination by the Board of Appeal — Scope (Council Regulation No 6/2002, Art. 63) (see para. 46)
5. Community design — Ground for invalidity — Use of a distinctive sign in a later design — Proof of use of the distinctive sign — Request presented expressly and on time by the applicant — Possibility of submitting the application for the first time before the Board of Appeal — Exclusion (Council Regulation No 6/2002, Art. 25(1)(e)) (see paras 58, 59, 89, 90)
6. Community design — Procedural provisions — Statement of reasons for decisions (Council Regulation No 6/2002, Art. 62) (see paras 67, 68)
7. Actions for annulment — Pleas in law — Invalid plea in law — Concept (see para. 106)
Re:
| ACTION brought against the decision of the Third Board of Appeal of OHIM of 9 August 2011 (Case R 1838/2010-3) relating to invalidity proceedings between Schwan-Stabilo Schwanhäußer GmbH & Co. KG and Ningbo Beifa Group Co., Ltd. |
Operative part
The Court:
2. | | Orders Beifa Group Co. Ltd to pay the costs. |