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Case T-278/13: Judgment of the General Court of 30 January 2015 — Now Wireless v OHIM — STARBUCKS (HK) (now) (Community trade mark — Revocation proceedings — Community figurative mark now — Genuine use of the mark — Article 51(1)(a) and Article 51(2) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62013TA0278

62013TA0278

January 30, 2015
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16.3.2015

Official Journal of the European Union

C 89/19

(Case T-278/13) (1)

((Community trade mark - Revocation proceedings - Community figurative mark now - Genuine use of the mark - Article 51(1)(a) and Article 51(2) of Regulation (EC) No 207/2009))

(2015/C 089/20)

Language of the case: English

Parties

Applicant: Now Wireless Ltd (Guildford, United Kingdom) (represented by: T. Alkin, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Starbucks (HK) Ltd (Hong Kong, China) (represented by: P. Kavanagh, Solicitor)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 March 2013 (Case R 234/2012-2), concerning revocation proceedings between Now Wireless Ltd and Starbucks (HK) Ltd.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Now Wireless Ltd to pay the costs.

(1) OJ C 207, 20.7.2013.

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