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Case C-609/11 P: Judgment of the Court (Fourth Chamber) of 26 September 2013 — Centrotherm Systemtechnik GmbH v centrotherm Clean Solutions GmbH & Co. KG, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeals — Regulations (EC) Nos 207/2009 and 2868/95 — Revocation proceedings — Community word mark CENTROTHERM — Genuine use — Concept — Evidence — Sworn statement — Article 134(1) to (3) of the Rules of Procedure of the General Court — General Court’s powers of review — Scope of pleas in law and forms of order sought by an intervener)
ECLI:EU:UNKNOWN:62011CA0609
62011CA0609
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23.11.2013
Official Journal of the European Union
C 344/15
(Case C-609/11 P) (<span class="super">1</span>)
(Appeals - Regulations (EC) Nos 207/2009 and 2868/95 - Revocation proceedings - Community word mark CENTROTHERM - Genuine use - Concept - Evidence - Sworn statement - Article 134(1) to (3) of the Rules of Procedure of the General Court - General Court’s powers of review - Scope of pleas in law and forms of order sought by an intervener)
2013/C 344/23
Language of the case: German
Parties
Appellant: Centrotherm Systemtechnik GmbH (represented by: A. Schulz and C. Onken, Rechtsanwälte, and by F. Schmidt, Patentanwalt)
Other parties to the proceedings: centrotherm Clean Solutions GmbH & Co. KG (represented by: O. Löffel and P. Lange, Rechtsanwälte), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Re:
Appeal brought against the judgment of the General Court (Sixth Chamber) of 15 September 2011, in Case T-427/09 Centrotherm Systemtechnik v OHIM, in which the General Court dismissed the decision of the Fourth Board of Appeal of OHIM of 25 August 2009 (Case R 6/2008-4), in so far as it annulled in part the decision of the Cancellation Division of 30 October 2007 — Genuine use of the mark — Proof
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Centrotherm Systemtechnik GmbH to bear its own costs and to pay those incurred by Clean Solutions GmbH & Co. KG;
3.Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs.
(<span class="super">1</span>) OJ C 80, 17.3.2012.