Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Seventh Chamber) of 3 December 2009 – Iranian Tobacco v OHIM – AD Bulgartabac (Bahman)**

**(Case T-223/08)**

Community trade mark – Revocation proceedings – Figurative Community trade mark Bahman – Interest in bringing proceedings not required – Article 55(1)(a) of Regulation (EC) No 40/94 (now Article 56(1)(a) of Regulation (EC) No 207/2009)

Community trade mark – Surrender, revocation and invalidity – Application for revocation – Admissibility – Conditions – Interest in bringing proceedings (Council Regulation No 40/94, Art. 55(1)(a)) (see paras 18-23)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 10 April 2008 in Case R 709/2007-1 concerning revocation proceedings between AD Bulgartabac Holding Sofia and Iranian Tobacco Co. |

**Information relating to the case**

|  |  |
| --- | --- |
| Registered Community trade mark in respect of which revocation was applied for: | Figurative mark Bahman for goods in Class 34 – Community trade mark No 427336 |
| Proprietor of the Community trade mark: | Iranian Tobacco Co. |
| Applicant in the revocation proceedings: | AD Bulgartabac Holding Sofia |
| Decision of the Cancellation Division: | Annulment of the Community trade mark concerned |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Iranian Tobacco Co. to pay the costs. |

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