Source: EURLEX
Language: en
Format: md

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| 23.11.2013 | EN | Official Journal of the European Union | C 344/15 |

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Judgment of the Court (Fourth Chamber) of 26 September 2013 — Centrotherm Systemtechnik GmbH v centrotherm Clean Solutions GmbH & Co. KG, Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-609/11 P)[(1)](#ntr1-C_2013344EN.01001501-E0001)

(Appeals - Regulations (EC) Nos 207/2009 and 2868/95 - Revocation proceedings - Community word mark CENTROTHERM - Genuine use - Concept - Evidence - Sworn statement - Article 134(1) to (3) of the Rules of Procedure of the General Court - General Court’s powers of review - Scope of pleas in law and forms of order sought by an intervener)

2013/C 344/23

Language of the case: German

Parties

Appellant: Centrotherm Systemtechnik GmbH (represented by: A. Schulz and C. Onken, Rechtsanwälte, and by F. Schmidt, Patentanwalt)

Other parties to the proceedings: centrotherm Clean Solutions GmbH & Co. KG (represented by: O. Löffel and P. Lange, Rechtsanwälte), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Re:

Appeal brought against the judgment of the General Court (Sixth Chamber) of 15 September 2011, in Case T-427/09 Centrotherm Systemtechnik v OHIM, in which the General Court dismissed the decision of the Fourth Board of Appeal of OHIM of 25 August 2009 (Case R 6/2008-4), in so far as it annulled in part the decision of the Cancellation Division of 30 October 2007 — Genuine use of the mark — Proof

Operative part of the judgment

The Court:

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| 1. | Dismisses the appeal; |

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| 2. | Orders Centrotherm Systemtechnik GmbH to bear its own costs and to pay those incurred by Clean Solutions GmbH & Co. KG; |

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| 3. | Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs. |

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