# C_2009312EN.01003902.xml

| 19.12.2009 | EN | Official Journal of the European Union | C 312/39 |
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19.12.2009

EN

Official Journal of the European Union

C 312/39

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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

Parties

Applicant: centrotherm Clean Solutions GmbH & Co KG (Blaubeuren, Germany) (represented by: O. Löffel, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Centrotherm Systemtechnik GmbH (Brilon, Germany)

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

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:






  — | Class 11 — Heating exhausts; chimney flues; boiler pipes for heating installations; brackets for gas burners; mechanical parts for heating installations; mechanical parts for gas installations; accumulators; chimney blowers; |
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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:

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Class 11 — Heating exhausts; chimney flues; boiler pipes for heating installations; brackets for gas burners; mechanical parts for heating installations; mechanical parts for gas installations; accumulators; chimney blowers;

| — | Class 17 — Pipe links; pipe sockets; pipe fittings; tubes; all of the above goods not made out of metal; |
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Class 17 — Pipe links; pipe sockets; pipe fittings; tubes; all of the above goods not made out of metal;

| — | Class 19 — Pipes; piping, in particular for construction purposes; branch pipes; chimney pipes; |
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Class 19 — Pipes; piping, in particular for construction purposes; branch pipes; chimney pipes;

| — | Order OHIM to pay the costs. |
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Order OHIM to pay the costs.

Pleas in law and main arguments

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)

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: Centrotherm Systemtechnik GmbH

Proprietor of the Community trade mark:

Applicant for the declaration of invalidity: The applicant

Applicant for the declaration of invalidity:

Decision of the Cancellation Division: Revocation of the Community trade mark

Decision of the Cancellation Division:

Decision of the Board of Appeal: Annulment in part of the decision of the Cancellation Division and partial revocation of the Community trade mark

Decision of the Board of Appeal:

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.

Pleas in law:

1

2

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(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

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).

2

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