Source: EURLEX
Language: en
Format: md

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| 10.11.2014 | EN | Official Journal of the European Union | C 395/34 |

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Judgment of the General Court of 30 September 2014 — Scooters India v OHIM — Brandconcern (LAMBRETTA)

(Case T-51/12) [(1)](#ntr1-C_2014395EN.01003402-E0001)

((Community trade mark - Revocation proceedings - Community word mark LAMBRETTA - Genuine use of the mark - Partial revocation - Article 51(2) of Regulation (EC) No 207/2009))

(2014/C 395/40)

Language of the case: English

Parties

Applicant: Scooters India Ltd (Lucknow, India) (represented by: B. Brandreth, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Brandconcern BV (Amsterdam, Netherlands) (represented by: G. Casucci, N. Ferreti and C. Galli, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 December 2011 (Case R 2312/2010-1), relating to revocation proceedings between Brandconcern BV and Scooters India Ltd

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 December 2011 (Case R 2312/2010-1); |

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| 2. | Orders OHIM to bear its own costs and to pay those incurred by Scooters India Ltd, including those incurred for the purposes of the proceedings before the Board of Appeal; |

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| 3. | Orders Brandconcern BV to bear its own costs. |

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