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27.4.2015 |
EN |
Official Journal of the European Union |
C 138/46 |
Judgment of the General Court of 9 March 2015 — ultra air v OHIM — Donaldson Filtration Deutschland (ultra.air ultrafilter)
(Case T-377/13) (1)
((Community trade mark - Invalidity proceedings - Community word mark ultra.air ultrafilter - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009 - Article 52(1)(a) of Regulation No 207/2009))
(2015/C 138/60)
Language of the case: German
Parties
Applicant: ultra air GmbH (Hilden, Germany) (represented by: C. König, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Donaldson Filtration Deutschland GmbH (Haan, Germany) (represented by: N. Siebertz, M. Teworte-Vey and A. Renvert, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 6 May 2013 (Case R 1100/2011-4) concerning invalidity proceedings between Donaldson Filtration Deutschland GmbH and ultra air GmbH.
Operative part of the judgment
The Court:
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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 6 May 2013 (Case R 1100/2011-4) in so far as it concerns time control systems; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders ultra air GmbH to bear its own costs and to pay the costs incurred by OHIM and by Donaldson Filtration Deutschland GmbH. |