Source: EURLEX
Language: en
Format: md

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| 23.11.2013 | EN | Official Journal of the European Union | C 344/15 |

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Judgment of the Court (Fourth Chamber) of 26 September 2013 — Centrotherm Systemtechnik GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), centrotherm Clean Solutions GmbH & Co. KG

(Case C-610/11 P)[(1)](#ntr1-C_2013344EN.01001502-E0001)

(Appeal - Revocation proceedings - Community word mark CENTROTHERM - Genuine use - Evidence - Sworn statement - Burden of proof - Examination of the facts by OHIM of its own motion - Additional evidence adduced before the Board of Appeal - Regulation (EC) No 207/2009 - Articles 15, 51 and 76 - Regulation (EC) No 2868/95 - Rule 40(5))

2013/C 344/24

Language of the case: German

Parties

Appellant: Centrotherm Systemtechnik GmbH (represented by: A. Schulz and C. Onken, Rechtsanwälte, and by F. Schmidt, Patentanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent), centrotherm Clean Solutions GmbH & Co. KG (represented by O. Löffel and P. Lange, Rechtsanwälte)

Re:

Appeal brought against the judgment of the General Court (Sixth Chamber) of 15 September 2011, in Case T-434/09 Centrotherm Systemtechnik v OHIM, in which the General Court dismissed the action brought against the decision of the Fourth Board of Appeal of OHIM of 25 August 2009 (Case R 6/2008-4), in so far as it granted the application for revocation of the CENTROTHERM mark — Genuine use of the mark — Proof

Operative part of the judgment

The Court:

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| 1. | Sets aside the judgment of the General Court of the European Union of 15 September 2011 in Case T-434/09 Centrotherm Systemtechnik v OHIM — centrotherm Clean Solutions (CENTROTHERM); |

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| 2. | Annuls point 2 of the operative part of the decision of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 August 2009 (Case R 6/2008-4); |

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| 3. | Orders Centrotherm Systemtechnik GmbH, the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and centrotherm Clean Solutions GmbH & Co. KG to bear their own costs at first instance and on appeal. |

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