Source: EURLEX
Language: en
Format: md

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| 12.5.2012 | EN | Official Journal of the European Union | C 138/14 |

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Judgment of the General Court of 28 March 2012 — Rehbein v OHIM — Dias Martinho (OUTBURST)

(Case T-214/08) [(1)](#ntr1-C_2012138EN.01001401-E0001)

(Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark OUTBURST - Earlier national word mark OUTBURST - Genuine use of the earlier trade mark - Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009) - Production of evidence for the first time before the Board of Appeal - Article 74(2) of Regulation No 40/94 (now Article 76(2) of Regulation No 207/2009) - Rule 22(2) of Regulation (EC) No 2868/95)

(2012/C 138/23)

Language of the case: English

Parties

Applicant: Paul Alfons Rehbein (GmbH & Co.) KG (Glinde, Germany) (represented by: T. Lampel, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis and P. Geroulakos, Agents)

Other parties to the proceedings before the Board of Appeal of OHIM: Hervé Dias Martinho and Manuel Carlos Dias Martinho (Le Plessis-Trévise, France)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 March 2008 (Case R 1261/2007-2) concerning opposition proceedings between, on the one hand, Paul Alfons Rehbein (GmbH & Co.) KG and, on the other hand, Hervé Dias Martinho and Manuel Carlos Dias Martinho.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 13 March 2008 (Case R 1261/2007-2); |

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| 2. | Orders OHIM to pay the costs. |

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