Judgment of the General Court (Seventh Chamber) of 3 December 2009 – Iranian Tobacco v OHIM – AD Bulgartabac (TIR 20 FILTER CIGARETTES)

(Case T-245/08)

Community trade mark – Revocation proceedings – Figurative Community trade mark TIR 20 FILTER CIGARETTES – 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)

Community trade mark – Surrender, revocation and invalidity – Application for revocation – Admissibility – Conditions – Interest in bringing proceedings (Council Regulation No 40/94, Art. 55(1)(a)) (see paras 18-23)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 11 April 2008 in Case R 708/2007-1 concerning revocation proceedings between AD Bulgartabac Holding Sofia and Iranian Tobacco Co.

Information relating to the case

Registered Community trade mark in respect of which revocation was applied for:	Figurative mark TIR 20 FILTER CIGARETTES for goods in Class 34 – Community trade mark No 400804
Proprietor of the Community trade mark:	Iranian Tobacco Co.
Applicant for revocation:	AD Bulgartabac Holding Sofia
Decision of the Cancellation Division:	Cancellation of the relevant Community trade mark
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Iranian Tobacco Co. to pay the costs.