Judgment of the General Court of 1 February 2012 - Carrols v OHIM - Gambettola (Pollo Tropical CHICKEN ON THE GRILL)
(Case T-291/09)
(Community trade mark - Invalidity proceedings - Figurative Community mark Pollo Tropical CHICKEN ON THE GRILL - Absolute grounds for refusal - No bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009)
Language of the case: Spanish
Parties
Applicant: Carrols Corp. (Dover, Delaware, United States) (represented by: I. Temiño Ceniceros, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Giulio Gambettola (Los Realejos, Spain) (represented by: F. Brandolini Kujman, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 7 May 2009 (Case R 632/2008-1), relating to invalidity proceedings between Carrols Corp. and Mr Giulio Gambettola.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Carrols Corp. to pay the costs.
____________1 - OJ C 220, 12.9.2009.