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Case T-211/14: Judgment of the General Court of 24 September 2015 — Klement v OHIM — Bullerjan (Form of an oven) (Community trade mark — Revocation proceedings — Three-dimensional Community mark — Form of an oven — Genuine use of a mark — Article 15(1)(a) and Article 51 (1)(a) of Regulation (EC) No 207/2009 — Nature of use of the mark — Form differing in elements which do not alter the distinctive character)
ECLI:EU:UNKNOWN:62014TA0211
62014TA0211
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23.11.2015
Official Journal of the European Union
C 389/48
(Case T-211/14)(1)
((Community trade mark - Revocation proceedings - Three-dimensional Community mark - Form of an oven - Genuine use of a mark - Article 15(1)(a) and Article 51 (1)(a) of Regulation (EC) No 207/2009 - Nature of use of the mark - Form differing in elements which do not alter the distinctive character))
(2015/C 389/52)
Language of the case: German
Parties
Applicant: Toni Klement (Dippoldiswalde, Germany) (represented by: J. Weiser and A. Grohmann, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Poch, D. Botis and A. Schifko, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Bullerjan GmbH (Isernhagen-Kirchhorst, Germany)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 9 January 2014 (Case R 927/2013-1), relating to revocation proceedings between Mr Toni Klement and Bullerjan GmbH.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Toni Klement to pay the costs.
OJ C 245, 28.7.2014.