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:
|
— |
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).