Source: EURLEX
Language: en
Format: md

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| 9.2.2015 | EN | Official Journal of the European Union | C 46/44 |

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Judgment of the General Court of 11 December 2014 — CEDC International v OHIM — Underberg (Shape of a blade of grass in a bottle)

(Case T-235/12)[(1)](#ntr1-C_2015046EN.01004402-E0001)

((Community trade mark - Opposition proceedings - Application for three-dimensional Community mark - Shape of a blade of grass in a bottle - Earlier national three-dimensional mark - Genuine use of the earlier mark - Article 75, Article 76(1) and (2) of Regulation (EC) No 207/2009 - Production of evidence for the first time before the Board of Appeal - Discretion granted by Article 76(2) of Regulation No 207/2009 - Obligation to state reasons))

(2015/C 046/54)

Language of the case: German

Parties

Applicant: CEDC International sp. z o.o. (Oborniki Wielkopolskie, Poland) (represented by: M. Siciarek, G. Rząsa and J. Mrozowski, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Underberg AG (Dietlikon, Switzerland) (represented by: V. von Bomhard, A. Renck and J. Fuhrmann, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 March 2012 (Case R 2506/2010-4) concerning opposition proceedings between Przedsiębiorstwo Polmos Białystok (Spółka Akcyjna) and Underberg AG.

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 26 March 2012 (Case R 2506/2010-4); |

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| 2) | Orders OHIM to bear its own costs and to pay those incurred by CEDC International sp. z o.o.; |

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| 3) | Orders Underberg AG to bear its own costs. |

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