Action brought on 22 October 2009 - centrotherm Clean Solutions v OHIM - Centrotherm Systemtechnik (CENTROTHERM)

(Case T-427/09)

Language in which the application was lodged: 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)

Other party to the proceedings before the Board of Appeal of OHIM: Centrotherm Systemtechnik GmbH (Brilon, Germany)

Form of order sought

Annul the decision of the Fourth Board of Appeal of OHIM of 25 August 2009 in Case R 6/2008-4, in so far as the application for a declaration of revocation was dismissed in respect of the following goods:

Class 11 - Heating exhausts; chimney flues; boiler pipes for heating installations; brackets for gas burners; mechanical parts for heating installations; mechanical parts for gas installations; accumulators; chimney blowers;

Class 17 - Pipe links; pipe sockets; pipe fittings; tubes; all of the above goods not made out of metal;

Class 19 - Pipes; piping, in particular for construction purposes; branch pipes; chimney pipes;

Order OHIM to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark 'CENTROTHERM' for goods and services in Classes 11, 17, 19 and 42 (Community trade mark No 1 301 019)

Proprietor of the Community trade mark: Centrotherm Systemtechnik GmbH

Applicant for the declaration of invalidity: The applicant

Decision of the Cancellation Division: Revocation of the Community trade mark

Decision of the Board of Appeal: Annulment in part of the decision of the Cancellation Division and partial revocation of the Community trade mark

Pleas in law: Infringement of Article 51(1)(a) of Regulation No 207/2009 ¹ in conjunction with Rule 40(5) and Rule 22(2) and (3) of Regulation (EC) No 2868/95, ² in so far as the proof of use submitted by the proprietor of the trade mark was found to be sufficient so as to establish a genuine use of the trade mark at issue for the purposes of Article 15 of Regulation No 207/2009.

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¹ - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p.1).

² - Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1).