(Case T-209/09)

Community trade mark – Invalidity proceedings – Community word mark ALDER CAPITAL – Earlier Benelux word marks Halder and Halder Investments – Earlier international word mark Halder – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009) – Genuine use of the trade mark – Article 15 of Regulation No 40/94 (now Article 15 of Regulation No 207/2009)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 February 2009 (Case R 486/2008-2) in relation to invalidity proceedings between Halder Holdings BV and Alder Capital Ltd.

Information relating to the case

Registered Community trade mark of which cancellation sought:

Word mark ALDER CAPITAL for services in Class 36

Proprietor of the Community trade mark:

Party requesting the declaration of invalidity of the Community trade mark:

Gimv Nederland BV

Trade mark of the party seeking cancellation:

Benelux trade mark registrations of the word mark Halder and Halder Investments for services in Classes 35 and 36; International registration of the word mark Halder for services in Classes 35 and 36; unregistered trade and company names Halder, Halder Holdings, Halder Investments and Halder Interest used in the course of trade

Decision of the Cancellation Division:

Community trade mark cancelled

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Alder Capital Ltd to pay the costs, including the costs necessarily incurred by Gimv Nederland BV for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).