CELEX: 62008TJ0482
Language: en
Date: 2010-06-10 00:00:00
Title: Judgment of the General Court (Eighth Chamber) of 10 June 2010. # Atlas Transport GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Revocation proceedings - Community word mark ATLAS TRANSPORT - Genuine use of the trade mark - Articles 15 and 50(1) of Regulation No 40/94 (now Articles 15 and 51(1) of Regulation No 207/2009). # Case T-482/08.

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.