Source: EURLEX
Language: en
Format: md

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| 21.12.2013 | EN | Official Journal of the European Union | C 377/11 |

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Judgment of the General Court of 8 November 2013 — Kessel v OHIM — Janssen-Cilag (Premeno)

(Case T-536/10)[(1)](#ntr1-C_2013377EN.01001103-E0001)

(Community trade mark - Invalidity proceedings - Application for Community word mark Premeno - Earlier national word mark Pramino - Proof of genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Restriction of the goods designated in the trade mark application - Article 43(1) of Regulation No 207/2009)

2013/C 377/26

Language of the case: German

Parties

Applicant: Kessel Marketing & Vertriebs GmbH (Mörfelden-Walldorf, Germany) (represented: initially by S. Bund, then A. Jacob, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by B. Schmidt, then D. Walicka, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Janssen-Cilag GmbH (Neuss, Germany) (represented by: M. Wenz, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 September 2010 (Case R 708/2010-4) relating to invalidity proceedings between Janssen-Cilag GmbH and Kessel Marketing & Vertriebs 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 21 September 2010 (Case R 708/2010-4); |

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| 2. | Orders OHIM to bear its own costs and to pay those incurred by Kessel Marketing & Vertriebs GmbH; |

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| 3. | Orders Janssen-Cilag GmbH to bear its own costs. |

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