Language of document :

Judgment of the General Court of 15 September 2011 - centrotherm Clean Solutions v OHIM - Centrotherm Systemtechnik (CENTROTHERM)

(Case T-427/09) 1

(Community trade mark - Revocation proceedings - Community word mark CENTROTHERM - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009)

Language of the case: German

Parties

Applicant: centrotherm Clean Solutions GmbH & Co. KG (Blaubeuren, Germany) (represented by: O. Löffel, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider and R. Manea, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Centrotherm Systemtechnik GmbH (Brilon, Germany) (represented by: J. Albrecht and U. Vormbrock, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 August 2009 (Case R 6/2008-4) relating to revocation proceedings between centrotherm Clean Solutions GmbH & Co. KG and Centrotherm Systemtechnik GmbH

Operative part of the judgment

The Court:

1.    Annuls the decision of the Fourth 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) in so far as it annuls the decision of the Cancellation Division of 30 October 2007 in part;

2.    Orders OHIM to bear its own costs and to pay those incurred by centrotherm Clean Solutions GmbH & Co. KG;

3.    Orders Centrotherm Systemtechnik GmbH to bear its own costs.

____________

1 - OJ C 312, 19.12.2009.