Judgment of the General Court of 23 October 2015 — I Castellani v OHIM — Chomarat (Representation of a circle)
(Case T-137/14) 1
(Community trade mark — Revocation procedure — Figurative mark representing a circle — Genuine use of a mark — Extent of use — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Shape which differs by elements which do not alter the distinctive character of the mark — Rights of the defence — Article 75 of Regulation No 207/2009)
Language of the case: English
Parties
Applicant: I Castellani Srl (Meldola, Italy) (represented by: M. Caramelli, F. Boscariol de Roberto, I. Gatto and D. Martucci, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Rajh and A. Folliard-Monguiral, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Compagnie Chomarat (Paris, France)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 13 December 2013 (Case R 1001/2012-2), relating to revocation proceedings between Compagnie Chomarat and I Castellani Srl.
Operative part of the judgment
The Court:
Dismisses the action;
Orders I Castellani Srl to pay the costs.
____________1 OJ C 135, 5.5.2014.