CELEX: 62008TA0482
Language: en
Date: 2010-06-10 00:00:00
Title: Case T-482/08: Judgment of the General Court of 10 June 2010 — Atlas Transport v OHIM — Hartmann (ATLAS TRANSPORT) (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))

31.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/35
            
         Judgment of the General Court of 10 June 2010 — Atlas Transport v OHIM — Hartmann (ATLAS TRANSPORT)
   (Case T-482/08) (1)
   
   (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))
   2010/C 209/51
   Language of the case: 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) (represented by: G. Schneider and S. Schäffner, acting as Agents)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Alfred Hartmann (Leer, Germany) (represented by C. Drews, lawyer)
   
      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.
   
      Operative part of the judgment
   
   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.
            
         
      (1)  OJ C 32, 7.2.2009.