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Case T-171/13: Judgment of the General Court of 2 February 2016 — Benelli Q.J. v OHIM — Demharter (MOTOBI B PESARO) (Community trade mark — Revocation proceedings — Community figurative mark MOTOBI B PESARO — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 — Evidence submitted against the application for revocation after the expiry of the period set for that purpose — Failure to take account thereof — Discretion of the Board of Appeal — Provision to the contrary — Circumstances precluding additional or supplementary evidence from being taken into account — Article 76(2) of Regulation No 207/2009 — Rule 50(1), third subparagraph, of Regulation (EC) No 2868/95)
ECLI:EU:UNKNOWN:62013TA0171
62013TA0171
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14.3.2016
Official Journal of the European Union
C 98/30
(Case T-171/13) (<span class="super">1</span>)
((Community trade mark - Revocation proceedings - Community figurative mark MOTOBI B PESARO - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009 - Evidence submitted against the application for revocation after the expiry of the period set for that purpose - Failure to take account thereof - Discretion of the Board of Appeal - Provision to the contrary - Circumstances precluding additional or supplementary evidence from being taken into account - Article 76(2) of Regulation No 207/2009 - Rule 50(1), third subparagraph, of Regulation (EC) No 2868/95))
(2016/C 098/39)
Language of the case: English
Parties
Applicant: Benelli Q.J. Srl (Pesaro, Italy) (represented by: P. Lukácsi and B. Bozóki, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially F. Mattina and subsequently P. Bullock, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Demharter GmbH (Dillingen, Germany) (represented by: A. Kohn, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 16 January 2013 (Case R 2590/2011-2), relating to revocation proceedings between Demharter GmbH and Benelli Q.J. Srl.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Benelli Q.J. Srl to pay the costs.
(<span class="super">1</span>) OJ C 147, 25.5.2013.
* * *
Language of the case: English