Order of the General Court of 24 October 2013 – Stromberg Menswear v OHIM – Leketoy Stormberg Inter (STORMBERG)
(Case T-451/12) 1
(Community trade mark – Revocation proceedings – Earlier Community word mark STORMBERG – Surrender of the disputed mark by the proprietor – Decision to close the revocation proceedings – Request for restitutio in integrum – Obligation to state reasons – Articles 58(1), 76(1) and 81(1) of Regulation (EC) No 207/2009 – Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
Language of the case: English
Parties
Applicant: Stromberg Menswear Ltd (Leeds, United Kingdom) (represented by: A. Tsoutsanis, lawyer, and C. Tulley, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Leketoy Stormberg Inter AS (Kristiansand S, Norway) (represented: initially by T. Mølsgaard, and subsequently by J. Løje, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 August 2012 (Case R 389/2012-4), relating to revocation proceedings between Stromberg Menswear Ltd and Leketoy Stormberg Inter AS.
Operative part of the order
1. The action is dismissed.
2. Stromberg Menswear Ltd shall pay the costs.
____________1 OJ C 63, 2.3.2013.