Judgment_paragraph 54 · Feng Shen Technology Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-227/09)

54First of all, it must be noted that, in requesting the Court to declare the contested mark invalid, the applicant has made an application for alteration, under Article 65(3) of Regulation No 207/2009, asking the Court to adopt the decision that the Board of Appeal ought to have taken (see, to that effect, judgment of 4 October 2006 in Case T-190/04 Freixenet v OHIM (Shape of a frosted white bottle), not published in the ECR, paragraphs 16 and 17). Consequently, this application is admissible, contrary to what OHIM maintains.

Feng Shen Technology Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-227/09)

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