Judgment of the General Court of 1 May 2011 - Atlas Transport v OHIM - Atlas Air (ATLAS)
(Community trade mark - Invalidity proceedings - Community trade mark ATLAS - Earlier Benelux trade mark atlasair - Formal requirements - Lodging of a statement setting out the grounds for the action - Suspension of the administrative procedure - Article 59 of Regulation (EC) No 40/94 (now Article 60 of Regulation (EC) No 207/2009) - Rule 20(7) of Regulation (EC) No 2868/95)
Language of the case: German
Parties
Applicant: Atlas Transport GmbH (Düsseldorf, Germany) (represented by: U. Hildebrandt, K. Schmidt-Hern and B. Weichhaus, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: G. Schneider, Agent)
Other parties to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Atlas Air, Inc. (Wilmington, Delaware, United States); Atlas Air, Inc. (Wilmington, Delaware, United States) (represented by: R. Dissmann, then R. Dissmann and J. Guhn, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 24 January 2008 (Case R 1023/2007-1) relating to nullity proceedings between Atlas Air, Inc. and Atlas Transport GmbH.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Atlas Transport GmbH to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Atlas Air, Inc.
____________1 - OJ C 158, 21.6.2008.