Judgment of the General Court (Seventh Chamber) of 30 September 2010 – Granuband v OHIM – Granuflex (GRANUflex)

(Case T-534/08)

Community trade mark – Invalidity proceedings – Community figurative mark GRANUflex – Previous company name and business name GRANUFLEX – Relative ground for refusal – Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009)

Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Registration contrary to Article 8(4) of Regulation No 40/94 (Council Regulation No 40/94, Arts 8(4) and 52(1)(c)) (see paras 35-38)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 September 2008 (Case R 1277/2007-2), relating to invalidity proceedings between Granuflex Ipari és Kereskedelmi Kft and Granuband BV.

Information relating to the case

Registered Community trade mark of which cancellation sought:	Figurative mark GRANUFLEX for goods in Classes 17, 19 and 27 – Community trade mark No 943118
Proprietor of the Community trade mark:	Granuband BV
Party requesting the declaration of invalidity of the Community trade mark:	Granuflex Ipari és Kereskedelmi Kft
Trade mark of the party seeking cancellation:	Commercial designation GRANUFLEX for goods and services in Classes 17, 19, 27 and 37
Decision of the Cancellation Division:	Community trade mark annulled
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Granuband BV to pay the costs.