Judgment of the General Court (Third Chamber) of 14 December 2011.#Louis Vuitton Malletier v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Invalidity proceedings - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - No distinctive character acquired through use - Article 7(3) of Regulation (EC) No 207/2009.#Case T-237/10.

Subject of the case

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 24 February 2010 (Case R 1590/2008-1) concerning invalidity proceedings between Friis Group International Aps and Louis Vuitton Malletier.

Operative part

Operative part

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 February 2010 (Case R 1590/2008-1) in so far as it declared Community trade mark number 3 693 116 invalid for ‘Jewellery, including rings, keyrings, buckles and earrings, cuff links, bracelets, trinkets, brooches, necklaces, ties pins, ornaments, medallions; horological and chronometric instruments and apparatus, including watches, watchcases, alarm clocks; nutcrackers in precious metals, their alloys or coated therewith, candlesticks in precious metals, their alloys or coated therewith’ in Class 14 and ‘leather and imitations of leather’ and ‘umbrellas’ in Class 18;

2. Dismisses the action as to the remainder;

3. Orders Louis Vuitton Malletier, Friis Group International ApS and OHIM each to bear the costs they have incurred in the course of the proceeding before the General Court.