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Case T-482/08: Judgment of the General Court of 10 June 2010 — Atlas Transport v OHIM — Hartmann (ATLAS TRANSPORT) (Community trade mark — Revocation proceedings — Community word mark ATLAS TRANSPORT — Genuine use of the trade mark — Articles 15 and 50(1) of Regulation No 40/94 (now Articles 15 and 51(1) of Regulation No 207/2009))
ECLI:EU:UNKNOWN:62008TA0482
62008TA0482
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Valentina R., lawyer
31.7.2010
Official Journal of the European Union
C 209/35
(Case T-482/08)(<span class="super">1</span>)
(Community trade mark - Revocation proceedings - Community word mark ATLAS TRANSPORT - Genuine use of the trade mark - Articles 15 and 50(1) of Regulation No 40/94 (now Articles 15 and 51(1) of Regulation No 207/2009))
2010/C 209/51
Language of the case: German
Parties
Applicant: Atlas Transport GmbH (Düsseldorf, Germany) (represented by: U. Hildebrandt, K. Schmidt-Hern and B. Weichhaus, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider and S. Schäffner, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Alfred Hartmann (Leer, Germany) (represented by C. Drews, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 September 2008 (Case R 1858/2007-4) relating to revocation proceedings between Alfred Hartmann and Atlas Transport 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 9 September 2008 in Case R 1858/2007-4;
2.Orders OHIM to bear its own costs as well as those incurred by Atlas Transport GmbH;
3.Orders Alfred Hartmann to bear his own costs.
(<span class="super">1</span>) OJ C 32, 7.2.2009.
* * *
Language of the case: German.