(Case T-223/08)

Community trade mark – Revocation proceedings – Figurative Community trade mark Bahman – Interest in bringing proceedings not required – Article 55(1)(a) of Regulation (EC) No 40/94 (now Article 56(1)(a) of Regulation (EC) No 207/2009)

Community trade mark – Surrender, revocation and invalidity – Application for revocation – Admissibility – Conditions – Interest in bringing proceedings (Council Regulation No 40/94, Art. 55(1)(a)) (see paras 18-23)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 10 April 2008 in Case R 709/2007-1 concerning revocation proceedings between AD Bulgartabac Holding Sofia and Iranian Tobacco Co.

Information relating to the case

Registered Community trade mark in respect of which revocation was applied for:

Figurative mark Bahman for goods in Class 34 – Community trade mark No 427336

Proprietor of the Community trade mark:

Applicant in the revocation proceedings:

AD Bulgartabac Holding Sofia

Decision of the Cancellation Division:

Annulment of the Community trade mark concerned

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Iranian Tobacco Co. to pay the costs.