Judgment of the General Court (Seventh Chamber) of 22 September 2011 – Cesea Group v OHIM – Mangini & C. (Mangiami)

(Case T-250/09)

Community trade mark – Invalidity proceedings – Community figurative mark Mangiami – Earlier international word mark MANGINI – Admissibility of new evidence – Article 76(2) of Regulation (EC) No 207/2009

Community trade mark – Surrender, revocation and invalidity – Examination of the application – Proof of use of the earlier mark – Time-limit set by the Office – Submission of additional evidence after expiry of the time-limit where there are new factors – Lawfulness (Council Regulation No 2868/95, Art. 1, Rules 22(2), and 40(6)) (see paras 22, 24-27)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 April 2009 (Case R 982/2008‑2) relating to invalidity proceedings between Mangini & C. Srl and Cesea Group Srl.

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 April 2009 (Case R 982/2008‑2);

2. Orders OHIM to pay the costs.