Language of document :

Judgment of the Court of First Instance of 3 December 2009 - Iranian Tobacco v OHIM - AD Bulgartabac (Bahman)

(Case T-223/08) 1

(Community trade mark - Revocation proceedings - Figurative Community trade mark Bahman - Interest in bringing proceedings not required - Article 55(1)(a) of Regulation (EC) No 40/94 [now Article 56(1)(a) of Regulation (EC) No 207/2009])

Language of the case: German

Parties

Applicant: Iranian Tobacco Co. (Tehran, Iran) (represented by: M. Beckensträter, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Poch, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: AD Bulgartabac Holding Sofia (Sofia, Bulgaria) (represented by: M. Maček, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 10 April 2008 in Case R 709/2007-1 concerning revocation proceedings between AD Bulgartabac Holding Sofia and Iranian Tobacco Co.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    orders Iranian Tobacco to pay the costs.

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1 - OJ C 223 of 30.8.2008