Judgment of the General Court (First Chamber) of 9 September 2011 – Chalk v OHIM – Reformed Spirits Company Holdings (CRAIC)

(Case T-83/09)

Community trade mark – Community word mark CRAIC – Assignments – Registration of the transfer of the mark – Revocation – Articles 16, 17, 23 and 77a of Regulation (EC) No 40/94 (now Articles 16, 17, 23 and 80 of Regulation (EC) No 207/2009) and Rule 31 of Regulation (EC) No 2868/95

Community trade mark – Community trade mark as an item of property – Assimilation of the Community trade mark to the national trade mark – Scope of Article 16 of Regulation No 40/94 (Council Regulation No 40/94, Art. 16) (see paras 25-27)

Re:

ACTION against the decision of the Second Board of Appeal of OHIM of 13 November 2008 (Case R 1888/2007-2) relating to an application for registration of the transfer of a Community trade mark following an assignment.

Operative part

The Court:

1. Dismisses the action;

2. Orders Mr David Chalk to pay the costs, including the costs necessarily incurred by Reformed Spirits Company Holdings Ltd for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).