Judgment of the General Court of 16 November 2011 - Buffalo Milke Automotive Polishing Products v OHIM - Werner & Mertz (BUFFALO MILKE Automotive Polishing Products)

(Case T-308/06) 

(Community trade mark - Opposition proceedings - Application for Community figurative mark BUFFALO MILKE Automotive Polishing Products - Earlier national figurative mark BÚFALO - Production of evidence for the first time before the Board of Appeal - Discretion granted by Article 74(2) of Regulation (EC) No 40/94 (now Article 76(2) of Regulation (EC) No 207/2009) - Genuine use of the earlier mark - Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009))

Language of the case: English

Parties

Applicant: Buffalo Milke Automotive Polishing Products, Inc. (Pleasanton, California, United States) (represented by: F. de Visscher, E. Cornu and D. Moreau, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Werner & Mertz GmbH (Mainz, Germany) (represented initially by M. Thewes and V. Wiot, and subsequently by M. Thewes and P. Reuter, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 September 2006 (Case R 1094/2005-2), relating to opposition proceedings between Werner & Mertz GmbH and Buffalo Milke Automotive Polishing Products, Inc.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Buffalo Milke Automotive Polishing Products, Inc. to pay the costs.

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¹ - OJ C 326, 30.12.2006.