Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 31.7.2010 | EN | Official Journal of the European Union | C 209/35 |

---

Judgment of the General Court of 10 June 2010 — Atlas Transport v OHIM — Hartmann (ATLAS TRANSPORT)

(Case T-482/08)[(1)](#ntr1-C_2010209EN.01003501-E0001)

(Community trade mark - Revocation proceedings - Community word mark ATLAS TRANSPORT - Genuine use of the trade mark - Articles 15 and 50(1) of Regulation No 40/94 (now Articles 15 and 51(1) of Regulation No 207/2009))

2010/C 209/51

Language of the case: German

Parties

Applicant: Atlas Transport GmbH (Düsseldorf, Germany) (represented by: U. Hildebrandt, K. Schmidt-Hern and B. Weichhaus, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider and S. Schäffner, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Alfred Hartmann (Leer, Germany) (represented by C. Drews, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 September 2008 (Case R 1858/2007-4) relating to revocation proceedings between Alfred Hartmann and Atlas Transport GmbH.

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 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 9 September 2008 in Case R 1858/2007-4; |

|  |  |
| --- | --- |
| 2. | Orders OHIM to bear its own costs as well as those incurred by Atlas Transport GmbH; |

|  |  |
| --- | --- |
| 3. | Orders Alfred Hartmann to bear his own costs. |

---

[Top](#document1)