Judgment of the General Court of 24 September2015 — Klement v OHIM — Bullerjan (Form of an oven)
(Case T-317/14) 1
(Community trade mark — Revocation proceedings — Three-dimensional Community mark — Form of an oven — Genuine use of a mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Nature of use of the mark — Form differing in elements which do not alter the distinctive character)
Language of the case: German
Parties
Applicant: Toni Klement (Dippoldiswalde, Germany) (represented by: J. Weiser and A. Grohmann, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially D. Walicka, then A. Poch, D. Botis and A. Schifko, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Bullerjan GmbH (Isernhagen-Kirchhorst, Germany)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 27 February 2014 (Case R 1656/2013-1), relating to revocation proceedings between Mr Toni Klement and Bullerjan GmbH.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Mr Toni Klement to pay the costs.
____________1 OJ C 261, 11.8.2014.