Judgment of the General Court of 30 May 2013 – ultra air v OHIM – Donaldson Filtration Deutschland (ultrafilter international)
(Case T-396/11) 1
(Community trade mark – Invalidity proceedings – Community word mark ultrafilter international – Absolute ground for refusal – Article 52(1)(a) of Regulation (EC) No 207/2009 – Abuse of rights)
Language of the case: German
Parties
Applicant: ultra air GmbH (Hilden, Germany) (represented by: C. König, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Donaldson Filtration Deutschland GmbH (Haan, Germany) (represented by: N. Siebertz and M. Teworte-Vey, lawyers)
Re:
Action seeking the annulment of the decision of the Fourth Board of Appeal of OHIM of 18 May 2011 (Case R 374/2010-4), relating to invalidity proceedings between ultra air GmbH and Donaldson Filtration Deutschland GmbH
Operative part of the judgment
The Court:
1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 May 2011 (Case R 374/2010-4);
2. Orders OHIM to bear its own costs and those incurred by ultra air GmbH;
3. Orders Donaldson Filtration Deutschland GmbH to bear its own costs.
____________1 OJ C 298, 8.10.2011.