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Document 62008TJ0482

    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.

    European Court Reports 2010 II-00108*

    ECLI identifier: ECLI:EU:T:2010:229





    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.

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