CELEX: 62009TJ0209
Community trade mark
Invalidity proceedings
Community word mark ALDER CAPITAL
Earlier Benelux word marks Halder and Halder Investments
Earlier international word mark Halder
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)
Genuine use of the trade mark
Article 15 of Regulation No 40/94 (now Article 15 of Regulation No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 February 2009 (Case R 486/2008-2) in relation
to invalidity proceedings between Halder Holdings BV and Alder Capital Ltd.
Information relating to the case
Registered Community trade mark of which cancellation sought:
Word mark ALDER CAPITAL for services in Class 36
Proprietor of the Community trade mark:
Alder Capital Ltd
Party requesting the declaration of invalidity of the Community trade mark:
Gimv Nederland BV
Trade mark of the party seeking cancellation:
Benelux trade mark registrations of the word mark Halder and Halder Investments for services in Classes 35 and 36; International
registration of the word mark Halder for services in Classes 35 and 36; unregistered trade and company names Halder, Halder
Holdings, Halder Investments and Halder Interest used in the course of trade
Decision of the Cancellation Division:
Community trade mark cancelled
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Alder Capital Ltd to pay the costs, including the costs necessarily incurred by Gimv Nederland BV for the purposes
of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM).