Judgment — ECLI:EU:T:2014:843
Date: 2014-09-30
Language of the case: English
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful

Judgment of the General Court (First Chamber) of 30 September 2014 — Scooters India v OHIM — Brandconcern (LAMBRETTA) (Case T‑132/12) Community trade mark — Revocation proceedings — Community word mark LAMBRETTA — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 1. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 15(1)) (see paras 16, 25) 2. Community trade mark — Appeals procedure — Appeal against a decision of the Opposition Division of OHIM — Examination by the Board of Appeal — Scope (Council Regulation No 207/2009, Art. 76) (see para. 24) Re: ACTION for annulment brought against the decision of the First Board of Appeal of OHIM of 12 January 2012 (Case R 2308/2010-1), relating to revocation proceedings between Brandconcern BV and Scooters India Ltd. Operative part The Court: 1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 January 2012 (Case R 2308/2010-1); 2. Orders OHIM to bear its own costs and to pay those incurred by Scooters India Ltd, including those incurred for the purposes of the proceedings before the Board of Appeal; 3. Orders Brandconcern BV to bear its own costs.