Judgment of the General Court of 12 November 2013 – Gamesa Eólica v OHIM – Enercon (Blended shades of green)
(Case T-245/12) 1
(Community trade mark – Invalidity proceedings – Absolute ground for refusal –Application for Community trade mark consisting of blended shades of green – Distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 – Bad faith – Article 52(1)(b) of Regulation No 207/2009 – Article 62 of Regulation No 207/2009)
Language of the case: English
Parties
Applicant: Gamesa Eólica, SL (Sarriguren, Spain) (represented by: E. Armijo Chávarri and A. Sanz Cerralbo, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Enercon GmbH (Aurich, Germany)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 1 March 2012 (Case R 260/2011-1) relating to invalidity proceedings between Gamesa Eólica SL and Enercon GmbH.
Operative part of the judgment
The Court:
1. Annuls the decision of First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 March 2012 (Case R 260/2011-1);
2. Orders OHIM to bear its own costs and to pay the costs of Gamesa Eólica, SL.
________________________1 OJ C 243, 11.8.2012.