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Case T-353/12: Judgment of the General Court of 16 May 2013 — Aleris v OHIM — Carefusion 303 (ALARIS) (Community trade mark — Revocation proceedings — Community word mark ALARIS — Genuine use of the mark — Article 51(1)(a) and (2) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62012TA0353
62012TA0353
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29.6.2013
Official Journal of the European Union
C 189/22
(Case T-353/12)(1)
(Community trade mark - Revocation proceedings - Community word mark ALARIS - Genuine use of the mark - Article 51(1)(a) and (2) of Regulation (EC) No 207/2009)
2013/C 189/44
Language of the case: English
Parties
Applicant: Aleris Holding AB (Stockholm, Sweden) (represented by: A. Kylhammar and K. Westerberg, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Carefusion 303, Inc. (San Diego, California, United States)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 11 May 2012 (Case R 334/2011-5) relating to revocation proceedings between Aleris Holding AB and Carefusion 303, Inc.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 May 2002 (Case R 334/2011-5) in so far as it rejects the application for revocation of the trade mark ALARIS in respect of the goods falling within Class 10 other than infusion systems, syringe pumps, volumetric pumps, controllers, thermometers and disposable thermometers;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
OJ C 311, 13.10.2012.