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Case T-132/12: Judgment of the General Court of 30 September 2014 — Scooters India v OHIM — Brandconcern (LAMBRETTA) (Community trade mark — Revocation proceedings — Community word mark LAMBRETTA — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62012TA0132
62012TA0132
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10.11.2014
Official Journal of the European Union
C 395/36
(Case T-132/12) (*)
((Community trade mark - Revocation proceedings - Community word mark LAMBRETTA - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009))
(2014/C 395/42)
Language of the case: English
Parties
Applicant: Scooters India Ltd (Lucknow, India) (represented by: B. Brandreth, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Brandconcern BV (Amsterdam, Netherlands) (represented by: G. Casucci and N. Ferretti, lawyers)
Re:
Action for annulment brought against the decision of the First Board of Appeal of OHIM of 12 January 2012 (Case R 2308/2010-1), relating to revocation proceedings between Brandconcern BV and Scooters India Ltd
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 January 2012 (Case R 2308/2010-1);
2.Orders OHIM to bear its own costs and to pay those incurred by Scooters India Ltd, including those incurred for the purposes of the proceedings before the Board of Appeal;
3.Orders Brandconcern BV to bear its own costs.
*
(*) Language of the case: English.
OJ C 165, 9.6.2012