Judgment of the General Court of 8 November 2013 – Kessel v OHIM – Janssen-Cilag (Premeno)
(Case T-536/10) 1
(Community trade mark – Invalidity proceedings – Application for Community word mark Premeno – Earlier national word mark Pramino – Proof of genuine use of the earlier mark – Article 42(2) and (3) of Regulation (EC) No 207/2009 – Restriction of the goods designated in the trade mark application – Article 43(1) of Regulation No 207/2009)
Language of the case: German
Parties
Applicant: Kessel Marketing & Vertriebs GmbH (Mörfelden-Walldorf, Germany) (represented: initially by S. Bund, then A. Jacob, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by B. Schmidt, then D. Walicka, Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Janssen-Cilag GmbH (Neuss, Germany) (represented by: M. Wenz, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 September 2010 (Case R 708/2010-4) relating to invalidity proceedings between Janssen-Cilag GmbH and Kessel Marketing & Vertriebs 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 21 September 2010 (Case R 708/2010-4);
2. Orders OHIM to bear its own costs and to pay those incurred by Kessel Marketing & Vertriebs GmbH;
3. Orders Janssen-Cilag GmbH to bear its own costs.
________________________1 OJ C 30, 29.1.2011.