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Case T-83/14: Judgment of the General Court of 15 December 2015 — LTJ Diffusion v OHIM — Arthur et Aston (ARTHUR & ASTON) (Community trade mark — Opposition proceedings — Application for word mark ARTHUR & ASTON — Earlier national figurative mark Arthur — No genuine use of the trade mark — Article 15(1)(a) of Regulation (EC) No 207/2009 — Form differing in elements which alter the distinctive character)
ECLI:EU:UNKNOWN:62014TA0083
62014TA0083
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Official Journal of the European Union
C 38/48
(Case T-83/14)(1)
((Community trade mark - Opposition proceedings - Application for word mark ARTHUR & ASTON - Earlier national figurative mark Arthur - No genuine use of the trade mark - Article 15(1)(a) of Regulation (EC) No 207/2009 - Form differing in elements which alter the distinctive character))
(2016/C 038/62)
Language of the case: French
Parties
Applicant: LTJ Diffusion (Colombes, France) (represented initially by S. Lederman, and subsequently by F. Fajgenbaum, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Arthur et Aston SAS (Giberville, France) (represented by: N. Boespflug, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 2 December 2013 (Case R 1963/2012-1), relating to opposition proceedings between LTJ Diffusion and Arthur et Aston SAS.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders LTJ Diffusion to pay the costs.
OJ C 112, 14.4.2014.