27.4.2015

Official Journal of the European Union

C 138/46

(Case T-377/13)(1)

((Community trade mark - Invalidity proceedings - Community word mark ultra.air ultrafilter - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009 - Article 52(1)(a) of Regulation No 207/2009))

(2015/C 138/60)

Language of the case: German

Parties

Applicant: ultra air GmbH (Hilden, Germany) (represented by: C. König, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Donaldson Filtration Deutschland GmbH (Haan, Germany) (represented by: N. Siebertz, M. Teworte-Vey and A. Renvert, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 6 May 2013 (Case R 1100/2011-4) concerning invalidity proceedings between Donaldson Filtration Deutschland GmbH and ultra air GmbH.

Operative part of the judgment

The Court:

1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 May 2013 (Case R 1100/2011-4) in so far as it concerns time control systems;

2.Dismisses the action as to the remainder;

3.Orders ultra air GmbH to bear its own costs and to pay the costs incurred by OHIM and by Donaldson Filtration Deutschland GmbH.

OJ C 260, 7.9.2013.