Judgment of the General Court (Fifth Chamber) of 13 December 2012 — pelicantravel.com v OHIM — Pelikan (Pelikan)
(Case T‑136/11)
Community trade mark — Invalidity proceedings— Community figurative mark pelikan — Absolute ground for refusal — No bad faith on the part of the applicant — Article 52(1)(b) of Regulation (EC) No 207/2009
1. Procedure — Application initiating proceedings — Formal requirements —Brief summary of the pleas in law on which the application is based — Pleas in law not set out in the application — General reference to other documents — Inadmissibility (Statute of the Court of Justice, Art. 21; Rules of Procedure of the Court of Justice, Art. 44(1)(c)) (see para. 17)
2. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Excluded (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Art. 65) (see para. 19)
3. Community trade mark — Surrender, revocation and invalidity — Absolute grounds for invalidity — Applicant in bad faith at the time of lodging the trade mark application — Criteria for assessment — Taking account of all the relevant factors existing at the time of filing the application for registration — Applicant aware of the use by a third party of an identical or similar sign — Intention of the applicant — Degree of legal protection of the signs at issue (Council Regulation No 207/2009, Art. 52(1)(b)) (see paras 22, 26, 27, 43, 56, 58)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 9 December 2010 (Case R 1428/2009–2) relating to invalidity proceedings between pelicantravel.com s.r.o. and Pelikan Vertriebsgesellschaft mbH & Co. KG. |
Operative part
The Court:
2. | | Orders pelicantravel.com s.r.o. to pay the costs. |