Judgment of the General Court (Seventh Chamber) of 16 December 2010. – José Manuel Baena Grupo, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

Subject of the case

Re:

ACTION brought against the decision of the Third Board of Appeal of OHIM of 14 October 2009 (Case R 1323/2008-3), relating to invalidity proceedings between Herbert Neuman and Andoni Galdeano del Sel, on the one hand, and José Manuel Baena Grupo, SA, on the other.

Information relating to the case

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Operative part

The Court:

1. Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 October 2009 (Case R 1323/2008‑3);

2. Orders OHIM to bear its own costs and to pay those incurred by José Manuel Baena Grupo, SA, and orders Herbert Neuman and Andoni Galdeano del Sel to bear their own costs.