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Case T-451/12: Order of the General Court of 24 October 2013 — Stromberg Menswear v OHIM — Leketoy Stormberg Inter (STORMBERG) (Community trade mark — Revocation proceedings — Earlier Community word mark STORMBERG — Surrender of the disputed mark by the proprietor — Decision to close the revocation proceedings — Request for restitutio in integrum — Obligation to state reasons — Articles 58(1), 76(1) and 81(1) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)

ECLI:EU:UNKNOWN:62012TB0451

62012TB0451

October 24, 2013
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14.12.2013

Official Journal of the European Union

C 367/28

(Case T-451/12)(1)

(Community trade mark - Revocation proceedings - Earlier Community word mark STORMBERG - Surrender of the disputed mark by the proprietor - Decision to close the revocation proceedings - Request for restitutio in integrum - Obligation to state reasons - Articles 58(1), 76(1) and 81(1) of Regulation (EC) No 207/2009 - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)

2013/C 367/50

Language of the case: English

Parties

Applicant: Stromberg Menswear Ltd (Leeds, United Kingdom) (represented by: A. Tsoutsanis, lawyer, and C. Tulley, Solicitor)

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: Leketoy Stormberg Inter AS (Kristiansand S, Norway) (represented initially by T. Mølsgaard, and subsequently by J. Løje, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 August 2012 (Case R 389/2012-4), relating to revocation proceedings between Stromberg Menswear Ltd and Leketoy Stormberg Inter AS.

Operative part of the order

1.The action is dismissed.

2.Stromberg Menswear Ltd shall pay the costs.

OJ C 63, 2.3.2013.

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