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22.10.2011 |
EN |
Official Journal of the European Union |
C 311/42 |
Judgment of the General Court of 15 September 2011 — centrotherm Clean Solutions v OHIM — Centrotherm Systemtechnik (CENTROTHERM)
(Case T-427/09) (1)
(Community trade mark - Revocation proceedings - Community word mark CENTROTHERM - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009)
2011/C 311/77
Language of the case: German
Parties
Applicant: centrotherm Clean Solutions GmbH & Co. KG (Blaubeuren, Germany) (represented by: O. Löffel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider and R. Manea, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Centrotherm Systemtechnik GmbH (Brilon, Germany) (represented by: J. Albrecht and U. Vormbrock, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 August 2009 (Case R 6/2008-4) relating to revocation proceedings between centrotherm Clean Solutions GmbH & Co. KG and Centrotherm Systemtechnik GmbH
Operative part of the judgment
The Court:
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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 25 August 2009 (Case R 6/2008-4) in so far as it annuls the decision of the Cancellation Division of 30 October 2007 in part; |
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2. |
Orders OHIM to bear its own costs and to pay those incurred by centrotherm Clean Solutions GmbH & Co. KG; |
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3. |
Orders Centrotherm Systemtechnik GmbH to bear its own costs. |