Keywords
Subject of the case
Operative part

Keywords

Community trade mark

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Surrender, revocation and invalidity

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Causes of revocation

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Absence of genuine use of a trade mark

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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

)

Subject of the case

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

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Operative part

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.