CELEX: 62008TJ0245
Language: en
Date: 2009-12-03
Title: Judgment of the General Court (Seventh Chamber) of 3 December 2009. # Iranian Tobacco Co. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Revocation proceedings - Figurative Community trade mark TIR 20 FILTER CIGARETTES - Interest in bringing proceedings not required - Article 55(1)(a) of Regulation (EC) No 40/94 [now Article 56(1)(a) of Regulation (EC) No 207/2009]. # Case T-245/08.

Judgment of the General Court (Seventh Chamber) of 3 December 2009 – Iranian Tobacco v OHIM – AD Bulgartabac (TIR 20 FILTER
            CIGARETTES)
      (Case T-245/08)
      Community trade mark – Revocation proceedings – Figurative Community trade mark TIR 20 FILTER CIGARETTES – Interest in bringing proceedings not required – Article 55(1)(a) of Regulation (EC) No 40/94 (now Article 56(1)(a) of Regulation (EC) No 207/2009)
      Community trade mark – Surrender, revocation and invalidity – Application for revocation – Admissibility – Conditions – Interest in bringing proceedings (Council Regulation No 40/94, Art. 55(1)(a)) (see paras 18-23)
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 11 April 2008 in Case R 708/2007-1 concerning
                  revocation proceedings between AD Bulgartabac Holding Sofia and Iranian Tobacco Co.
               
            Information relating to the case
      
               Registered Community trade mark in respect of which revocation was applied for:
            
            
               Figurative mark TIR 20 FILTER CIGARETTES for goods in Class 34 – Community trade mark No 400804
            
         
               Proprietor of the Community trade mark:
            
            
               Iranian Tobacco Co.
            
         
               Applicant for revocation:
            
            
               AD Bulgartabac Holding Sofia
            
         
               Decision of the Cancellation Division:
            
            
               Cancellation of the relevant Community trade mark
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Iranian Tobacco Co. to pay the costs.