CELEX: 62009TJ0209
Language: en
Date: 2011-04-13 00:00:00
Title: Judgment of the General Court (Eighth Chamber) of 13 April 2011. # Alder Capital Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark ALDER CAPITAL - Earlier Benelux word marks Halder and Halder Investments - Earlier international word mark Halder - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009) - Genuine use of the trade mark - Article 15 of Regulation No 40/94 (now Article 15 of Regulation No 207/2009). # Case T-209/09.

Judgment of the General Court (Eighth Chamber) of 13 April 2011 – Alder Capital v OHIM – Gimv Nederland (ALDER CAPITAL)
      (Case T-209/09)
      Community trade mark – Invalidity proceedings – Community word mark ALDER CAPITAL – Earlier Benelux word marks Halder and Halder Investments – Earlier international word mark Halder – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation
         (EC) No 207/2009) – Genuine use of the trade mark – Article 15 of Regulation No 40/94 (now Article 15 of Regulation No 207/2009)
      
      1.                     Community trade mark – Appeals procedure – Appeal against a decision by a unit of the Office – Examination by Board of Appeal
            – Scope – Action against a decision upholding an opposition (Council Regulation No 40/94, Art. 62(1)) (see paras 20-22)
      2.                     Community trade mark – Surrender, revocation and invalidity – Examination of the application – Proof of use of the earlier
            mark – Genuine use – Concept – Criteria for assessment – Company name, commercial name or trade name (Council Regulation No
            40/94, Art. 43(2) and (3)) (see paras 44-48)
      3.                     Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Existence of an identical or
            similar earlier  trade mark registered for identical or similar goods or services – Likelihood of confusion with the earlier
            mark (Council Regulation No 40/94, Arts 8(1)(b) and 52(1)(a)) (see paras 80-81, 93)
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 February 2009 (Case R 486/2008-2) in relation
                  to invalidity proceedings between Halder Holdings BV and Alder Capital Ltd.
               
            Information relating to the case 
      
               Registered Community trade mark of which cancellation sought: 
            
            
               Word mark ALDER CAPITAL for services in Class 36
            
         
               Proprietor of the Community trade mark: 
            
            
               Alder Capital Ltd
            
         
               Party requesting the declaration of invalidity of the Community trade mark:
            
            
               Gimv Nederland BV
            
         
               Trade mark of the party seeking cancellation: 
            
            
               Benelux trade mark registrations of the word mark Halder and Halder Investments for services in Classes 35 and 36; International
                  registration of the word mark Halder for services in Classes 35 and 36; unregistered trade and company names Halder, Halder
                  Holdings, Halder Investments and Halder Interest used in the course of trade
               
            
         
               Decision of the Cancellation Division: 
            
            
               Community trade mark cancelled 
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Alder Capital Ltd to pay the costs, including the costs necessarily incurred by Gimv Nederland BV for the purposes
                     of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
                     (OHIM).