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Case T-170/13: Judgment of the General Court of 2 February 2016 — Benelli Q.J. v OHIM — Demharter (MOTOBI) (Community trade mark — Revocation proceedings — Community word mark MOTOBI — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62013TA0170
62013TA0170
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14.3.2016
Official Journal of the European Union
C 98/30
(Case T-170/13) (<span class="super">1</span>)
((Community trade mark - Revocation proceedings - Community word mark MOTOBI - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009))
(2016/C 098/38)
Language of the case: English
Parties
Applicant: Benelli Q.J. Srl (Pesaro, Italy) (represented by: P. Lukácsi and B. Bozóki, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially F. Mattina and subsequently P. Bullock, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Demharter GmbH (Dillingen, Germany) (represented by: A. Kohn, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 16 January 2013 (Case R 2080/2011-2), relating to revocation proceedings between Demharter GmbH and Benelli Q.J. Srl.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Benelli Q.J. Srl to pay the costs.
(<span class="super">1</span>) OJ C 147, 25.5.2013.