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Document 62009TN0427

    Case T-427/09: Action brought on 22 October 2009 — centrotherm Clean Solutions v OHIM — Centrotherm Systemtechnik (CENTROTHERM)

    OJ C 312, 19.12.2009, p. 39–40 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    19.12.2009   

    EN

    Official Journal of the European Union

    C 312/39

    Action brought on 22 October 2009 — centrotherm Clean Solutions v OHIM — Centrotherm Systemtechnik (CENTROTHERM)

    (Case T-427/09)

    2009/C 312/65

    Language in which the application was lodged: 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)

    Other party to the proceedings before the Board of Appeal of OHIM: Centrotherm Systemtechnik GmbH (Brilon, Germany)

    Form of order sought

    —

    Annul the decision of the Fourth Board of Appeal of OHIM of 25 August 2009 in Case R 6/2008-4, in so far as the application for a declaration of revocation was dismissed in respect of the following goods:

    —

    Class 11 — Heating exhausts; chimney flues; boiler pipes for heating installations; brackets for gas burners; mechanical parts for heating installations; mechanical parts for gas installations; accumulators; chimney blowers;

    —

    Class 17 — Pipe links; pipe sockets; pipe fittings; tubes; all of the above goods not made out of metal;

    —

    Class 19 — Pipes; piping, in particular for construction purposes; branch pipes; chimney pipes;

    —

    Order OHIM to pay the costs.

    Pleas in law and main arguments

    Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘CENTROTHERM’ for goods and services in Classes 11, 17, 19 and 42 (Community trade mark No 1 301 019)

    Proprietor of the Community trade mark: Centrotherm Systemtechnik GmbH

    Applicant for the declaration of invalidity: The applicant

    Decision of the Cancellation Division: Revocation of the Community trade mark

    Decision of the Board of Appeal: Annulment in part of the decision of the Cancellation Division and partial revocation of the Community trade mark

    Pleas in law: Infringement of Article 51(1)(a) of Regulation No 207/2009 (1) in conjunction with Rule 40(5) and Rule 22(2) and (3) of Regulation (EC) No 2868/95, (2) in so far as the proof of use submitted by the proprietor of the trade mark was found to be sufficient so as to establish a genuine use of the trade mark at issue for the purposes of Article 15 of Regulation No 207/2009.

    (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

    (2)  Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1).

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