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Case T-660/11: Judgment of the General Court of 16 June 2015 — Polytetra v OHIM — EI du Pont de Nemours (POLYTETRAFLON) (Community trade mark — Opposition proceedings — Application for Community word mark POLYTETRAFLON — Earlier Community word mark TEFLON — No genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Final product incorporating a component — Use of the earlier mark in respect of the final products of third parties — Duty to state reasons)
ECLI:EU:UNKNOWN:62011TA0660
62011TA0660
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10.8.2015
Official Journal of the European Union
C 262/15
(Case T-660/11)(1)
((Community trade mark - Opposition proceedings - Application for Community word mark POLYTETRAFLON - Earlier Community word mark TEFLON - No genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Final product incorporating a component - Use of the earlier mark in respect of the final products of third parties - Duty to state reasons))
(2015/C 262/19)
Language of the case: English
Applicant: Polytetra GmbH (Mönchengladbach, Germany) (represented by: R. Schiffer, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: EI du Pont de Nemours and Company (Wilmington, United States) (represented by: E. Armijo Chávarri, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 29 September 2011 (Case R 2005/2010-1) concerning opposition proceedings between EI du Pont de Nemours and Company and Polytetra GmbH.
Operative part of the judgment
The Court:
1.Annuls the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 29 September 2011 (Case R 2005/2010-1);
2.Orders OHIM to bear its own costs and to pay those incurred by Polytetra GmbH;
3.Orders EI du Pont de Nemours and Company to bear its own costs.
(1) OJ C 65, 3.3.2012.