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Case T-250/13: Judgment of the General Court of 18 March 2015 — Naazneen Investments v OHIM — Energy Brands (SMART WATER) (Community trade mark — Revocation proceedings — Community word mark SMART WATER — Genuine use — Article 51(1)(a) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009)

ECLI:EU:UNKNOWN:62013TA0250

62013TA0250

March 18, 2015
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4.5.2015

Official Journal of the European Union

C 146/36

(Case T-250/13)(<span class="super">1</span>)

((Community trade mark - Revocation proceedings - Community word mark SMART WATER - Genuine use - Article 51(1)(a) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009))

(2015/C 146/49)

Language of the case: English

Parties

Applicant: Naazneen Investments Ltd (Limassol, Cyprus) (represented by: P. Goldenbaum, I. Rohr and T. Melchert, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Energy Brands, Inc. (New York, United States) (represented by: S. Malynicz, Barrister, and D. Stone, Solicitor)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 February 2013 (Case R 1101/2011-2), relating to revocation proceedings between Energy Brands, Inc. and Naazneen Investments Ltd.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Naazneen Investments Ltd to pay the costs.

(<span class="super">1</span>) OJ C 207, 20.7.2013.

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