Keywords
Subject of the case
Operative part

Keywords

Community trade mark – Appeals procedure – Appeal against a decision by a unit of the Office – Examination by Board of Appeal – Scope – Action against a decision upholding an opposition (Council Regulation No 40/94, Art. 62(1)) (see paras 20-22)

2. Community trade mark – Surrender, revocation and invalidity – Examination of the application – Proof of use of the earlier mark – Genuine use – Concept – Criteria for assessment – Company name, commercial name or trade name (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 44-48)

3. Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Existence of an identical or similar earlier trade mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Arts 8(1)(b) and 52(1)(a)) (see paras 80-81, 93)

Subject of the case

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 February 2009 (Case R 486/2008-2) in relation to invalidity proceedings between Halder Holdings BV and Alder Capital Ltd.

Information relating to the case

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Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Alder Capital Ltd to pay the costs, including the costs necessarily incurred by Gimv Nederland BV for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).