Judgment_paragraph 2 · Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) v National Lottery Commission (C-530/12 P)

2Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1), as amended by Council Regulation (EC) No 1891/2006 of 18 December 2006 (OJ 2006 L 386, p. 14) (‘Regulation No 40/94’), includes an Article 52, entitled ‘Relative grounds for refusal’, which provides in paragraph 2:‘A Community trade mark shall also be declared invalid on application to [OHIM] or on the basis of a counterclaim in infringement proceedings where the use of such trade mark may be prohibited pursuant to another earlier right, and in particular:…(c) a copyright;…under the Community legislation or national law governing the protection.’