Official Journal of the European Union

C 34/36

(Case T-307/13)(1)

((Community trade mark - Revocation proceedings - Community figurative mark ORIBAY ORIginal Buttons for Automotive Yndustry - Admissibility of the application for revocation))

(2015/C 034/42)

Language of the case: Spanish

Parties

Applicant: Capella EOOD (Sofia, Bulgaria) (represented: initially by M. Holtorf, subsequently by A. Theis, and lastly by F. Henkel, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by G. Schneider, and subsequently by J. Crespo Carrillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Oribay Mirror Buttons, SL (San Sebastián, Spain) (represented by: A. Velázquez Ibañez, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 March 2013 (Case R 164/2012-4), relating to revocation proceedings between Capella EOOD and Oribay Mirror Buttons, SL.

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 22 March 2013 (Case R 164/2012-4);

2)Declares that OHIM is to bear its own costs and orders it to pay the costs incurred by Capella EOOD;

3)Declares that Oribay Mirror Buttons, SL is to bear its own costs.

(1) OJ C 207, 20.7.2013.