Judgment — ECLI:EU:T:2010:229
Date: 2010-06-10
Language of the case: German
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

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.