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Valentina R., lawyer
(Case T-235/12)(1)
((Community trade mark - Opposition proceedings - Application for three-dimensional Community mark - Shape of a blade of grass in a bottle - Earlier national three-dimensional mark - Genuine use of the earlier mark - Article 75, Article 76(1) and (2) of Regulation (EC) No 207/2009 - Production of evidence for the first time before the Board of Appeal - Discretion granted by Article 76(2) of Regulation No 207/2009 - Obligation to state reasons))
(2015/C 046/54)
Language of the case: German
Applicant: CEDC International sp. z o.o. (Oborniki Wielkopolskie, Poland) (represented by: M. Siciarek, G. Rząsa and J. Mrozowski, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Underberg AG (Dietlikon, Switzerland) (represented by: V. von Bomhard, A. Renck and J. Fuhrmann, lawyers)
Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 March 2012 (Case R 2506/2010-4) concerning opposition proceedings between Przedsiębiorstwo Polmos Białystok (Spółka Akcyjna) and Underberg AG.
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 26 March 2012 (Case R 2506/2010-4);
2)Orders OHIM to bear its own costs and to pay those incurred by CEDC International sp. z o.o.;
3)Orders Underberg AG to bear its own costs.
(1) OJ C 243, 11.8.2012.