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Case T-28/09: Action brought on 21 January 2009 — Park v OHIM — Bae (PINE TREE)
ECLI:EU:UNKNOWN:62009TN0028
62009TN0028
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4.4.2009
EN
Official Journal of the European Union
C 82/29
(Case T-28/09)
(2009/C 82/51)
Language in which the application was lodged: German
Parties
Applicant: Mo-Hwa Park (Hillscheid, Germany) (represented by: P. Lee, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Chong-Yun Bae (Berlin, Germany)
Form of order sought
—annul the contested decision of the Fourth Board of Appeal of OHIM of 13 November 2008 in Case R 1882/2007-4; and
—order the intervener to pay the costs of the proceedings, including those incurred during the appeal proceedings.
Pleas in law and main arguments
Registered Community trade mark in respect of which revocation has been sought: the figurative mark ‘PINE TREE’ for goods in Class 28 (Community trade mark No 318 857)
Proprietor of the Community trade mark: Chong-Yun Bae
Applicant for the declaration of revocation: the applicant
Decision of the Cancellation Division: declaration of revocation of the Community trade mark concerned
Decision of the Board of Appeal: annulment of the contested decision and rejection of the application for a declaration of revocation of the trade mark concerned
Pleas in law: inadmissibility of the appeal and absence of use of the Community trade mark concerned capable of maintaining in force the right to use it, in accordance with Article 15 and the first sentence of Article 50(1) of Regulation (EC) No 40/94 (1).
Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).