CELEX: 62009TA0262
Language: en
Date: 2011-04-13 00:00:00
Title: Case T-262/09: Judgment of the General Court of 13 April 2011 — Safariland v OHIM — DEF-TEC Defense Technology (FIRST DEFENSE AEROSOL PEPPER PROJECTOR) (Community trade mark — Opposition proceedings — Application for the Community figurative mark FIRST DEFENSE AEROSOL PEPPER PROJECTOR — Relative ground for refusal — Article 8(3) of Regulation (EC) No 207/2009 — Implementation by OHIM of a judgment annulling a decision adopted by one of the OHIM Boards of Appeal — Rights of the defence — Obligation to state reasons — Articles 63(2), 65(6), 75 and 76 of Regulation No 207/2009)

28.5.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 160/19
            
         Judgment of the General Court of 13 April 2011 — Safariland v OHIM — DEF-TEC Defense Technology (FIRST DEFENSE AEROSOL PEPPER PROJECTOR)
   (Case T-262/09) (1)
   
   (Community trade mark - Opposition proceedings - Application for the Community figurative mark FIRST DEFENSE AEROSOL PEPPER PROJECTOR - Relative ground for refusal - Article 8(3) of Regulation (EC) No 207/2009 - Implementation by OHIM of a judgment annulling a decision adopted by one of the OHIM Boards of Appeal - Rights of the defence - Obligation to state reasons - Articles 63(2), 65(6), 75 and 76 of Regulation No 207/2009)
   2011/C 160/27
   Language of the case: English
   
      Parties
   
   
      Applicant: Safariland LLC, formerly Defense Technology Corporation of America (Jacksonville, Florida, United States) (represented by: R. Kunze and G. Würtenberger, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM: DEF-TEC Defense Technology GmbH (Frankfurt am Main, Germany) (represented: initially by H. Daniel and O. Haleen, and subsequently by O. Haleen, lawyers)
   
      Re:
   
   Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 May 2009 (Case R 493/2002-4 (II)), relating to opposition proceedings between Defense Technology Corporation of America and DEF-TEC Defense Technology GmbH.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Safariland LLC to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by DEF-TEC Defense Technology GmbH.
            
         
      (1)  OJ C 205, 29.8.2009.