CELEX: 62008TN0482
Language: en
Date: 2008-11-11 00:00:00
Title: Case T-482/08: Action brought on 11 November 2008 — Atlas Transport v OHIM — Hartmann (ATLAS TRANSPORT)

7.2.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/38
            
         Action brought on 11 November 2008 — Atlas Transport v OHIM — Hartmann (ATLAS TRANSPORT)
   (Case T-482/08)
   (2009/C 32/74)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Atlas Transport GmbH (Düsseldorf, Germany) (represented by: U. Hildebrandt, K. Schmidt-Hern and B. Weichhaus, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Alfred Hartmann (Leer, Germany)
   Form of order sought
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 September 2008 (Case R 1858/2007-4); and
            
         
               —
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘Atlas Transport’ for transport operations (transport of goods) in Class 39 (Community trade mark No 545 681).
   
      Proprietor of the Community trade mark: The applicant.
   
      Applicant for the declaration of invalidity: A. Hartmann.
   
      Decision of the Cancellation Division: Dismissal of the application.
   
      Decision of the Board of Appeal: Granting of the application for a declaration that the registration has lapsed.
   
      Pleas in law: Breach of Article 15 and Rules 22 and 40 of Regulation (EC) No 2868/95 (1), in so far as an incorrect standard was applied to the proof of use preserving the rights held and as evidence submitted was incorrectly assessed; breach of the procedural requirements of the right to a hearing in accordance with [Rule] 73(2) of Regulation (EC) No 2868/95 and of the duty to give reasons under [Rule] 73(1) of Regulation (EC) No 2868/95; incorrect assessment.
   
      (1)  Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1).