Source: EURLEX
Language: en
Format: md

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| 1.6.2013 | EN | Official Journal of the European Union | C 156/40 |

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Judgment of the General Court of 19 April 2013 — Luna v OHIM — Asteris (Al bustan)

(Case T-454/11)[(1)](#ntr1-C_2013156EN.01004003-E0001)

(Community trade mark - Invalidity proceedings - Community figurative mark Al bustan - Earlier national figurative mark ALBUSTAN - Genuine use of the earlier mark - Article 57(2) and (3) of Regulation (EC) No 207/2009)

2013/C 156/74

Language of the case: English

Parties

Applicant: Luna International Ltd (London, United Kingdom) (represented by: S. Malynicz, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Asteris Industrial and Commercial Company SA (Athens, Greece)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 May 2011 (Case R 1358/2008-2), concerning invalidity proceedings between Asteris Industrial and Commercial Company SA and Luna International Ltd.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Luna International Ltd to pay the costs. |

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