Judgment of the General Court of 24 June 2014 — 1872 Holdings v OHIM — Havana Club International (THE SPIRIT OF CUBA)
(Case T-207/13) 1
(Community trade mark — Invalidity proceedings — Community word mark THE SPIRIT OF CUBA — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: 1872 Holdings vof (Amsterdam, Netherlands) (represented by: M. Antoine-Lalance, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Havana Club International SA (Havana, Cuba) (represented by: M. Pomares Caballero, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 31 January 2013 (Case R 684/2012-1) concerning invalidity proceedings between Havana Club International SA and 1872 Holdings vof.
Operative part of the judgment
The Court:
Dismisses the action;
Orders 1872 Holdings vof to pay the costs.
________________________1 OJ C 171, 15.6.2013.