Дело C-266/12: Majtczak/Feng Shen Technology и СХВП, Определение от 7 февруари 2013 г.

Текст

... radca prawny,

applicant,

the other parties to the proceedings being:

Feng Shen Technology Co. Ltd, established in Gueishan Township (Taiwan), represented by P. Rath, Rechtsanwalt,

applicant at first instance,

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Folliard-Monguiral, acting as Agent,

defendant at first instance,

THE COURT (Tenth Chamber),

composed of A. Rosas, President of the Chamber, D. Šváby and C. Vajda (Rapporteur), Judges,

Advocate General: J. Kokott,

Registrar: A. Calot Escobar,

having regard to the decision adopted, after hearing the Advocate General, to give a decision on the action by reasoned order,

makes the following

Order

Grounds

1. By his appeal, Mr Majtczak seeks to have the judgment of the General Court of the European Union in Case T‑227/09 Feng Shen Technology v OHIM – Majtczak (FS) [2012] ECR II‑0000 (‘the judgment under appeal’) set aside. By that judgment, the General Court annulled the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 April 2009 (Case R 529/2008-4) (‘the contested decision’) concerning proceedings for a declaration of invalidity brought by Feng Shen Technology Co. Ltd (‘Feng Shen’) regarding the Community trade mark obtained by Mr. Majtczak.

Legal context

2. Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) was repealed and replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark ...