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Case C-610/11 P: Judgment of the Court (Fourth Chamber) of 26 September 2013 — Centrotherm Systemtechnik GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), centrotherm Clean Solutions GmbH & Co. KG (Appeal — Revocation proceedings — Community word mark CENTROTHERM — Genuine use — Evidence — Sworn statement — Burden of proof — Examination of the facts by OHIM of its own motion — Additional evidence adduced before the Board of Appeal — Regulation (EC) No 207/2009 — Articles 15, 51 and 76 — Regulation (EC) No 2868/95 — Rule 40(5))
ECLI:EU:UNKNOWN:62011CA0610
62011CA0610
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23.11.2013
Official Journal of the European Union
C 344/15
(Case C-610/11 P) (<span class="super">1</span>)
(Appeal - Revocation proceedings - Community word mark CENTROTHERM - Genuine use - Evidence - Sworn statement - Burden of proof - Examination of the facts by OHIM of its own motion - Additional evidence adduced before the Board of Appeal - Regulation (EC) No 207/2009 - Articles 15, 51 and 76 - Regulation (EC) No 2868/95 - Rule 40(5))
2013/C 344/24
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: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent), centrotherm Clean Solutions GmbH & Co. KG (represented by O. Löffel and P. Lange, Rechtsanwälte)
Re:
Appeal brought against the judgment of the General Court (Sixth Chamber) of 15 September 2011, in Case T-434/09 Centrotherm Systemtechnik v OHIM, in which the General Court dismissed the action brought against the decision of the Fourth Board of Appeal of OHIM of 25 August 2009 (Case R 6/2008-4), in so far as it granted the application for revocation of the CENTROTHERM mark — Genuine use of the mark — Proof
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 15 September 2011 in Case T-434/09 Centrotherm Systemtechnik v OHIM — centrotherm Clean Solutions (CENTROTHERM);
2.Annuls point 2 of the operative part of the decision of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 August 2009 (Case R 6/2008-4);
3.Orders Centrotherm Systemtechnik GmbH, the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and centrotherm Clean Solutions GmbH & Co. KG to bear their own costs at first instance and on appeal.
(<span class="note">1</span>) OJ C 80, 17.3.2012.