Community trade mark Revocation proceedings Community word mark ATLAS TRANSPORT Genuine use of the trade mark Articles 15 and 50(1) of Regulation No 40/94 (now Articles 15 and 51(1) of Regulation No 207/2009)
Sumário
Judgment of the General Court (Eighth Chamber) of 10 June 2010.
Atlas Transport GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Revocation proceedings - Community word mark ATLAS TRANSPORT - Genuine use of the trade mark - Articles 15 and 50(1) of Regulation No 40/94 (now Articles 15 and 51(1) of Regulation No 207/2009).
Case T-482/08.
Texto da decisão
Judgment of the General Court (Eighth Chamber) of 10 June 2010 – Atlas Transport v OHIM – Hartmann (ATLAS TRANSPORT)
(Case T-482/08)
Community trade mark – Revocation proceedings – Community word mark ATLAS TRANSPORT – Genuine use of the trade mark – Articles 15 and 50(1) of Regulation (EC) No 40/94 (now Articles 15 and 51(1) of Regulation (EC) No 207/2009)
Community trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Use of the mark in a form which differs through factors not altering the distinctive character of the mark (Council Regulation No 40/94, Arts 15(2)(a) and 50(1)(a)) (see paras 42-43)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 September 2008 (Case R 1858/2007-4) relating to revocation proceedings between Alfred Hartmann and Atlas Transport GmbH. |
Information relating to the case
|
Proprietor of the Community trade mark: |
Atlas Transport GmbH |
|
Registered Community trade mark subject to an action for cancellation: |
Word mark ATLAS TRANSPORT for transport operations (transport of goods) in Class 39 – Community trade mark No 545681 |
|
Applicant for a declaration of revocation: |
Alfred Hartmann |
|
Decision of the Cancellation Division: |
Application dismissed |
|
Decision of the Board of Appeal: |
Application for revocation upheld |
Operative part
The Court:
|
1. |
Annuls the Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 9 September 2008 in Case R 1858/2007-4; |
|
2. |
Orders OHIM to bear its own costs as well as those incurred by Atlas Transport GmbH; |
|
3. |
Orders Alfred Hartmann to bear his own costs. |