*Giorgis v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

European Union – Trade marks. The applicant sought the annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), upholding the decision of the Cancellation Division, finding his trade mark to be invalid. The General Court of the European Union, in dismissing the action, held that the Board had not assessed the distinctive character of the contested mark incorrectly or misapplied art 7(3) of Council Regulation (EC) 207/2009, in taking the view that the evidence had not been sufficient to show that the mark had become distinctive through the use made of it.

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