Judgment of the General Court of 16 December 2010 - Baena Grupo v OHIM - Neuman and Galdeano del Sel (Seated figure)
(Community design - Invalidity proceedings - Registered Community design representing a seated figure - Earlier Community figurative mark - Ground for invalidity - Individual character - Different overall impression - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
Language of the case: Spanish
Parties
Applicant: José Manuel Baena Grupo, SA (Santa Perpètua de Mogoda, Spain) (represented by: A. Canela Giménez, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo and A. Folliard-Monguiral, Agents)
Other parties to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Herbert Neuman (Tarifa, Spain) and Andoni Galdeano del Sel (Spain)
Re:
Action brought against the decision of the Third Board of Appeal of OHIM of 14 October 2009 (Case R 1323/2008-3), relating to invalidity proceedings between Herbert Neuman and Andoni Galdeano del Sel, on the one hand, and José Manuel Baena Grupo, SA, on the other.
Operative part of the judgment
The Court:
1. Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 October 2009 (Case R 1323/2008-3);
2. Orders OHIM to bear its own costs and to pay those incurred by José Manuel Baena Grupo, SA., and orders Herbert Neuman and Andoni Galdeano del Sel to bear their own costs.
____________1 - OJ C 51, 27. 2. 2010.