Source: EURLEX
Language: en
Format: md

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| 3.8.2013 | EN | Official Journal of the European Union | C 225/71 |

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Judgment of the General Court of 30 May 2013 — ultra air v OHIM — Donaldson Filtration Deutschland (ultrafilter international)

(Case T-396/11)[(1)](#ntr1-C_2013225EN.01007101-E0001)

(Community trade mark - Invalidity proceedings - Community word mark ultrafilter international - Absolute ground for refusal - Article 52(1)(a) of Regulation (EC) No 207/2009 - Abuse of rights)

2013/C 225/156

Language of the case: German

Parties

Applicant: ultra air GmbH (Hilden, Germany) (represented by: C. König, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Donaldson Filtration Deutschland GmbH (Haan, Germany) (represented by: N. Siebertz and M. Teworte-Vey, lawyers)

Re:

Action seeking the annulment of the decision of the Fourth Board of Appeal of OHIM of 18 May 2011 (Case R 374/2010-4), relating to invalidity proceedings between ultra air GmbH and Donaldson Filtration Deutschland GmbH

Operative part of the judgment

The Court:

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| 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 18 May 2011 (Case R 374/2010-4); |

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| 2. | Orders OHIM to bear its own costs and those incurred by ultra air GmbH; |

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| 3. | Orders Donaldson Filtration Deutschland GmbH to bear its own costs. |

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