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Case T-83/09: Judgment of the General Court of 9 September 2011 — Chalk v OHIM — Reformed Spirits Company Holdings (CRAIC) (Community trade mark — Community word mark CRAIC — Assignments — Registration of the transfer of the mark — Revocation — Articles 16, 17, 23 and 77a of Regulation (EC) No 40/94 (now Articles 16, 17, 23 and 80 of Regulation (EC) No 207/2009) and Rule 31 of Regulation (EC) No 2868/95)

ECLI:EU:UNKNOWN:62009TA0083

62009TA0083

September 9, 2011
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22.10.2011

Official Journal of the European Union

C 311/39

(Case T-83/09)(<span class="super">1</span>)

(Community trade mark - Community word mark CRAIC - Assignments - Registration of the transfer of the mark - Revocation - Articles 16, 17, 23 and 77a of Regulation (EC) No 40/94 (now Articles 16, 17, 23 and 80 of Regulation (EC) No 207/2009) and Rule 31 of Regulation (EC) No 2868/95)

2011/C 311/70

Language of the case: English

Parties

Applicant: David Chalk (Canterbury, Kent, United Kingdom) (represented by: W. James, M. Gilbert, C. Balme, Solicitors, and S. Malynicz, Barrister)

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

The other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Reformed Spirits Company Holdings Ltd (Saint Helier, United Kingdom) (represented by: C. Morcom QC)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 November 2008 (Case R 1888/2007-2) relating to an application for registration of the transfer of a Community trade mark following an assignment

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Mr David Chalk to pay the costs, including the costs necessarily incurred by Reformed Spirits Company Holdings Ltd 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).

* Language of the case: English.

(1) OJ C 90, 18.4.2009.

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