Judgment of the General Court of 13 January 2011 - Park v OHIM - Bae (PINE TREE)
(Community trade mark - Revocation proceedings - Figurative Community mark PINE TREE - Genuine use of the mark - Articles 50(1)(a) and 55(1)(a) of Regulation (EC) No 40/04 (now Articles 51(1)(a) and 56(1)(a) of Regulation (EC) No 207/2009))
Language of the case: German
Parties
Applicant: Mo-Hwa Park (Hillscheid, Germany) (represented by: P. Lee, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Chong-Yun Bae (Berlin, Germany) (represented by: A.-K. Warnecke and C. Donle, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 13 November 2008 (Case R 1882/2007-4) concerning revocation proceedings between Mr Mo-Hwa Park and Mr Chong-Yun Bae.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Mr Mo-Hwa Park to pay the costs..
____________1 - OJ C 82, 4. 4. 2009.