Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Eighth Chamber) of 10 June 2010 – Atlas Transport v OHIM – Hartmann (ATLAS TRANSPORT)**

**(Case T-482/08)**

Community trade mark – Revocation proceedings – Community word mark ATLAS TRANSPORT – Genuine use of the trade mark – Articles 15 and 50(1) of Regulation (EC) No 40/94 (now Articles 15 and 51(1) of Regulation (EC) No 207/2009)

Community trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Use of the mark in a form which differs through factors not altering the distinctive character of the mark (Council Regulation
No 40/94, Arts 15(2)(a) and 50(1)(a)) (see paras 42-43)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 September 2008 (Case R 1858/2007-4) relating to revocation proceedings between Alfred Hartmann and Atlas Transport GmbH. |

**Information relating to the case**

|  |  |
| --- | --- |
| Proprietor of the Community trade mark: | Atlas Transport GmbH |
| Registered Community trade mark subject to an action for cancellation: | Word mark ATLAS TRANSPORT for transport operations (transport of goods) in Class 39 – Community trade mark No 545681 |
| Applicant for a declaration of revocation: | Alfred Hartmann |
| Decision of the Cancellation Division: | Application dismissed |
| Decision of the Board of Appeal: | Application for revocation upheld |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 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 9 September 2008 in Case R 1858/2007-4; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders OHIM to bear its own costs as well as those incurred by Atlas Transport GmbH; |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders Alfred Hartmann to bear his own costs. |

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