Judgment of the General Court of 9 September 2014 — Biscuits Poult v OHIM — Banketbakkerij Merba (Biscuit)
(Case T-494/12) 1
(Community trade mark — Invalidity proceedings — Registered Community design representing a broken cookie — Ground for invalidity — Lack of individual character — Articles 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
Language of the case: French
Parties
Applicant: Biscuits Poult SAS (Montauban, France) (represented by: C. Chapoullié, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral)
Other party to the proceedings before the Board of Appeal of OHIM: Banketbakkerij Merba BV (Oosterhout, Netherlands) (represented by: M. Abello, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 2 August 2012 (Case R 914/2011-3 in relation to invalidity proceedings between Banketbakkerij Merba BV and Biscuits Poult SAS.
Operative part of the judgment
The Court:
Dismisses the action.
Orders Biscuits Poult SAS to bear its own expenses and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Banketbakkerij Merba BV.
________________________1 OJ C 26, 26.1.2013.