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Judgment of the General Court (Sixth Chamber) of 13 January 2011. # Mo-Hwa Park v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Revocation proceedings - Figurative Community mark PINE TREE - Genuine use of the mark - Articles 50(1)(a) and 55(1)(a) of Regulation (EC) No 40/04 (now Articles 51(1)(a) and 56(1)(a) of Regulation (EC) No 207/2009). # Case T-28/09.
ECLI:EU:T:2011:7
62009TJ0028
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(Case T-28/09)
Community trade mark – Revocation proceedings – Figurative Community mark PINE TREE – Genuine use of the mark – Articles 50(1)(a) and 55(1)(a) of Regulation (EC) No 40/94 (now Articles 51(1)(a) and 56(1)(a) of Regulation (EC) No 207/2009)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 November 2008 (Case R 1882/2007-4) concerning revocation proceedings between Mr Mo-Hwa Park and Mr Chong-Yun Bae.
Information relating to the case
Registered Community trade mark of which cancellation sought:
Figurative mark PINE TREE for goods in Class 28 – Community trade mark No 318857)
Proprietor of the Community trade mark:
Mr Chong-Yun Bae
Party requesting cancellation of the Community trade mark:
Mr Mo-Hwa Park
Decision of the Cancellation Division:
Declaration of revocation of the Community trade mark concerned
Decision of the Board of Appeal:
Annulment of the contested decision and rejection of the application for a declaration of revocation of the trade mark concerned
Operative part
The Court:
1.Dismisses the action;
2.Orders Mr Mo-Hwa Park to pay the costs.