Source: EURLEX
Language: en
Format: md

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| 2.2.2015 | EN | Official Journal of the European Union | C 34/36 |

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Judgment of the General Court of 9 December 2014 — Capella v OHIM — Oribay Mirror Buttons (ORIBAY)

(Case T-307/13)[(1)](#ntr1-C_2015034EN.01003602-E0001)

((Community trade mark - Revocation proceedings - Community figurative mark ORIBAY ORIginal Buttons for Automotive Yndustry - Admissibility of the application for revocation))

(2015/C 034/42)

Language of the case: Spanish

Parties

Applicant: Capella EOOD (Sofia, Bulgaria) (represented: initially by M. Holtorf, subsequently by A. Theis, and lastly by F. Henkel, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Oribay Mirror Buttons, SL (San Sebastián, Spain) (represented by: A. Velázquez Ibañez, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 March 2013 (Case R 164/2012-4), relating to revocation proceedings between Capella EOOD and Oribay Mirror Buttons, SL.

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 22 March 2013 (Case R 164/2012-4); |

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| 2) | Declares that OHIM is to bear its own costs and orders it to pay the costs incurred by Capella EOOD; |

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| 3) | Declares that Oribay Mirror Buttons, SL is to bear its own costs. |

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