Judgment of the General Court of 28 March 2012 -Rehbein v OHIM - Dias Martinho (OUTBURST)
(Case T-214/08)
(Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark OUTBURST - Earlier national word mark OUTBURST - Genuine use of the earlier trade mark - Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009) - Production of evidence for the first time before the Board of Appeal - Article 74(2) of Regulation No 40/94 (now Article 76(2) of Regulation No 207/2009) - Rule 22(2) of Regulation (EC) No 2868/95)
Language of the case: English
Parties
Applicant: Paul Alfons Rehbein (GmbH & Co.) KG (Glinde, Germany) (represented by: T. Lampel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis and P. Geroulakos, Agents)
Other parties to the proceedings before the Board of Appeal of OHIM: Hervé Dias Martinho and Manuel Carlos Dias Martinho (Le Plessis-Trévise, France)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 13 March 2008 (Case R 1261/2007-2) concerning opposition proceedings between, on the one hand, Paul Alfons Rehbein (GmbH & Co.) KG and, on the other hand, Hervé Dias Martinho and Manuel Carlos Dias Martinho.
Operative part of the judgment
The Court:
1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 13 March 2008 (Case R 1261/2007-2);
2. Orders OHIM to pay the costs.
____________1 - OJ C 197, 2.8.2008.