Source: EURLEX
Language: en
Format: md

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| 14.3.2016 | EN | Official Journal of the European Union | C 98/30 |

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Judgment of the General Court of 2 February 2016 — Benelli Q.J. v OHIM — Demharter (MOTOBI B PESARO)

(Case T-171/13)[(1)](#ntr1-C_2016098EN.01003002-E0001)

((Community trade mark - Revocation proceedings - Community figurative mark MOTOBI B PESARO - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009 - Evidence submitted against the application for revocation after the expiry of the period set for that purpose - Failure to take account thereof - Discretion of the Board of Appeal - Provision to the contrary - Circumstances precluding additional or supplementary evidence from being taken into account - Article 76(2) of Regulation No 207/2009 - Rule 50(1), third subparagraph, of Regulation (EC) No 2868/95))

(2016/C 098/39)

Language of the case: English

Parties

Applicant: Benelli Q.J. Srl (Pesaro, Italy) (represented by: P. Lukácsi and B. Bozóki, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially F. Mattina and subsequently P. Bullock, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Demharter GmbH (Dillingen, Germany) (represented by: A. Kohn, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 January 2013 (Case R 2590/2011-2), relating to revocation proceedings between Demharter GmbH and Benelli Q.J. Srl.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Benelli Q.J. Srl to pay the costs. |

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