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31.7.2010 |
EN |
Official Journal of the European Union |
C 209/35 |
Judgment of the General Court of 10 June 2010 — Atlas Transport v OHIM — Hartmann (ATLAS TRANSPORT)
(Case T-482/08) (1)
(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))
2010/C 209/51
Language of the case: German
Parties
Applicant: Atlas Transport GmbH (Düsseldorf, Germany) (represented by: U. Hildebrandt, K. Schmidt-Hern and B. Weichhaus, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider and S. Schäffner, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Alfred Hartmann (Leer, Germany) (represented by C. Drews, lawyer)
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.
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 9 September 2008 in Case R 1858/2007-4; |
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2. |
Orders OHIM to bear its own costs as well as those incurred by Atlas Transport GmbH; |
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3. |
Orders Alfred Hartmann to bear his own costs. |