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Case T-100/13: Judgment of the General Court of 9 July 2015 — CMT v OHIM — Camomilla (CAMOMILLA) (Community trade mark — Invalidity proceedings — Community word mark CAMOMILLA — Earlier national figurative mark Camomilla — Absolute ground for refusal — Article 52(1)(b) of Regulation (EC) No 207/2009 — No bad faith on the part of the proprietor of the Community trade mark — Relative ground for refusal — Genuine use of the earlier mark — Additional evidence brought before the Board of Appeal)
ECLI:EU:UNKNOWN:62013TA0100
62013TA0100
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24.8.2015
Official Journal of the European Union
C 279/33
(Case T-100/13) (*)
((Community trade mark - Invalidity proceedings - Community word mark CAMOMILLA - Earlier national figurative mark Camomilla - Absolute ground for refusal - Article 52(1)(b) of Regulation (EC) No 207/2009 - No bad faith on the part of the proprietor of the Community trade mark - Relative ground for refusal - Genuine use of the earlier mark - Additional evidence brought before the Board of Appeal))
(2015/C 279/40)
Language of the case: Italian
Parties
Applicant: CMT Compagnia manifatture tessili Srl (CMT Srl) (Naples, Italy) (represented by: G. Floridia, R. Floridia, M. Franzoni and G. Rubino, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Camomilla SpA (Buccinasco, Italy) (represented by: A. Tornato and M. Mussi, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 29 November 2012 (case R 1616/2011-1), concerning invalidity proceedings between CMT — Compagnia manifatture tessili Srl (CMT Srl) and Camomilla SpA.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM) of 29 November 2012 (case R 1616/2011-1);
2.Orders OHIM to pay its own costs and those incurred by CMT Compagnia manifatture tessili Srl (CMT Srl).
3.Orders CAMOMILLA SpA to pay its own cost.
*
(*) Language of the case: Italian.