Action brought on 26 March 2010 - Hans Günter Söns v OHIM - Settimio (GREAT CHINA WALL)

(Case T-140/10)

Language in which the application was lodged: English

Parties

Applicant: Hans Günter Söns (Wehr, Germany) (represented by: M. Schwabe, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Alfredo Settimio (Los Angeles, United States)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 January 2010 in case R 281/2009-1;

Order the defendant to declare invalid the registered Community trade mark subject of the application for invalidity; and

Order the defendant to bear the costs.

Pleas in law and main arguments

Registered Community trade mark subject of the application for invalidity: The word mark "GREAT CHINA WALL" for goods in classes 18, 24 and 25

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Party requesting the revocation of the Community trade mark: The applicant

Decision of the Cancellation Division: Rejected the application for a declaration of invalidity

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(c) and (g) of Council Regulation No 207/2009 as the Board of Appeal wrongly applied the legal provisions in question; infringement of international agreements concerning the protection of geographical indications.

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