Judgment of the General Court (Eighth Chamber) of 10 June 2010 – Atlas Transport v OHIM – Hartmann (ATLAS TRANSPORT)

(Case T-482/08)

Community trade mark – Revocation proceedings – Community word mark ATLAS TRANSPORT – Genuine use of the trade mark – Articles 15 and 50(1) of Regulation (EC) No 40/94 (now Articles 15 and 51(1) of Regulation (EC) No 207/2009)

Community trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – 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)

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

Proprietor of the Community trade mark:	Atlas Transport GmbH
Registered Community trade mark subject to an action for cancellation:	Word mark ATLAS TRANSPORT for transport operations (transport of goods) in Class 39 – Community trade mark No 545681
Applicant for a declaration of revocation:	Alfred Hartmann
Decision of the Cancellation Division:	Application dismissed
Decision of the Board of Appeal:	Application for revocation upheld

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.