Judgment of the General Court of 21 March 2012 - Feng Shen Technology v OHIM - Majtczak (FS)
(Case T-227/09)
(Community trade mark - Invalidity proceedings - Community figurative mark FS - Applicant acting in bad faith - Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 52(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Feng Shen Technology Co. Ltd (Guieshan Township, Taïwan) (represented by: P. Rath and W. Festl-Wietek, lawyers)
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: (Jarosław Majtczak (Łódź, Poland) (represented by: initially by J. Wyrwas, and subsequently by J. Radłowski, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 April 2009 (Case R 529/2008-4), relating to invalidity proceedings between Feng Shen Technology Co. Ltd and Jarosław Majtczak
Operative part of the judgment
The Court:
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 1 April 2009 (Case R 529/2008-4);
2. Orders OHIM to bear its own costs and pay the costs of Feng Shen Technology Co. Ltd;
3. Orders Mr Jarosław Majtczak to bear his own costs.
____________1 - OJ C 193, 15.8.2009.