Source: EURLEX
Language: en
Format: md

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| 28.5.2011 | EN | Official Journal of the European Union | C 160/19 |

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Judgment of the General Court of 13 April 2011 — Safariland v OHIM — DEF-TEC Defense Technology (FIRST DEFENSE AEROSOL PEPPER PROJECTOR)

(Case T-262/09)[(1)](#ntr1-C_2011160EN.01001902-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark FIRST DEFENSE AEROSOL PEPPER PROJECTOR - Relative ground for refusal - Article 8(3) of Regulation (EC) No 207/2009 - Implementation by OHIM of a judgment annulling a decision adopted by one of the OHIM Boards of Appeal - Rights of the defence - Obligation to state reasons - Articles 63(2), 65(6), 75 and 76 of Regulation No 207/2009)

2011/C 160/27

Language of the case: English

Parties

Applicant: Safariland LLC, formerly Defense Technology Corporation of America (Jacksonville, Florida, United States) (represented by: R. Kunze and G. Würtenberger, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: DEF-TEC Defense Technology GmbH (Frankfurt am Main, Germany) (represented: initially by H. Daniel and O. Haleen, and subsequently by O. Haleen, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 May 2009 (Case R 493/2002-4 (II)), relating to opposition proceedings between Defense Technology Corporation of America and DEF-TEC Defense Technology GmbH.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Safariland LLC to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by DEF-TEC Defense Technology GmbH. |

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