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Case T-262/09: Judgment of the General Court of 13 April 2011 — Safariland v OHIM — DEF-TEC Defense Technology (FIRST DEFENSE AEROSOL PEPPER PROJECTOR) (Community trade mark — Opposition proceedings — Application for the Community figurative mark FIRST DEFENSE AEROSOL PEPPER PROJECTOR — Relative ground for refusal — Article 8(3) of Regulation (EC) No 207/2009 — Implementation by OHIM of a judgment annulling a decision adopted by one of the OHIM Boards of Appeal — Rights of the defence — Obligation to state reasons — Articles 63(2), 65(6), 75 and 76 of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62009TA0262
62009TA0262
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28.5.2011
Official Journal of the European Union
C 160/19
(Case T-262/09) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark FIRST DEFENSE AEROSOL PEPPER PROJECTOR - Relative ground for refusal - Article 8(3) of Regulation (EC) No 207/2009 - Implementation by OHIM of a judgment annulling a decision adopted by one of the OHIM Boards of Appeal - Rights of the defence - Obligation to state reasons - Articles 63(2), 65(6), 75 and 76 of Regulation No 207/2009)
2011/C 160/27
Language of the case: English
Parties
Applicant: Safariland LLC, formerly Defense Technology Corporation of America (Jacksonville, Florida, United States) (represented by: R. Kunze and G. Würtenberger, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: DEF-TEC Defense Technology GmbH (Frankfurt am Main, Germany) (represented: initially by H. Daniel and O. Haleen, and subsequently by O. Haleen, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 May 2009 (Case R 493/2002-4 (II)), relating to opposition proceedings between Defense Technology Corporation of America and DEF-TEC Defense Technology GmbH.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Safariland LLC to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by DEF-TEC Defense Technology GmbH.
(<span class="super">1</span>) OJ C 205, 29.8.2009.