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Document 62012CN0266
Case C-266/12 P: Appeal brought on 29 May 2012 by Jarosław Majtczak against the judgment of the General Court (Fourth Chamber) delivered on 21 March 2012 in Case T-227/09: Feng Shen Technology Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Case C-266/12 P: Appeal brought on 29 May 2012 by Jarosław Majtczak against the judgment of the General Court (Fourth Chamber) delivered on 21 March 2012 in Case T-227/09: Feng Shen Technology Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Case C-266/12 P: Appeal brought on 29 May 2012 by Jarosław Majtczak against the judgment of the General Court (Fourth Chamber) delivered on 21 March 2012 in Case T-227/09: Feng Shen Technology Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
OJ C 258, 25.8.2012, p. 10–10
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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25.8.2012 |
EN |
Official Journal of the European Union |
C 258/10 |
Appeal brought on 29 May 2012 by Jarosław Majtczak against the judgment of the General Court (Fourth Chamber) delivered on 21 March 2012 in Case T-227/09: Feng Shen Technology Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-266/12 P)
2012/C 258/16
Language of the case: English
Parties
Appellant: Jarosław Majtczak (represented by: J. Radłowski, radca prawny)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Feng Shen Technology Co. Ltd
Form of order sought
By the present appeal the appellant asks the Court of Justice to:
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annul in its entirety the judgment of the General Court of 21 March 2012 in case T-227/09 and dismiss the applicant's suit or in the alternative; |
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annul in its entirety the judgment of the General Court of 21 March 2012 in case T-227/09 and refer the case back to the General Court; |
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adjudicate the costs in favour of the appellant. |
Pleas in law and main arguments
The appellant submits that the contested judgment infringes article 52(1)(b) of Council Regulation (EC) No 40/94 (1) on the Community trade mark, as amended (replaced by Council Regulation (EC) No 207/2009 (2) (on the Community trade mark), particularly with regard to the General Court's interpretation of the concept of ‘acting in bad faith’.
The appellant also submits that the General Court has breached procedure by making erroneous findings of fact and by being selective in its assessment of the evidence produced.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark
OJ L 11, p. 1
(2) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version)
OJ L 78, p. 1