CELEX: 62008TJ0482
Community trade mark
Revocation proceedings
Community word mark ATLAS TRANSPORT
Genuine use of the trade mark
Articles 15 and 50(1) of Regulation No 40/94 (now Articles 15 and 51(1) of Regulation No 207/2009)

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.