Judgment of the General Court of 6 March 2014 – Anapurna v OHIM – Annapurna (ANNAPURNA)

(Case T-71/13) ¹

(Community trade mark – Revocation proceedings – Community word mark ANNAPURNA – Application for annulment filed by the intervener – Article 134(1) to (3) of the Rules of Procedure of the General Court – Genuine use of the trade mark – Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 – Form of use of the trade mark – Proof of use for the registered goods)

Language of the case: English

Parties

Applicant: Anapurna GmbH (Berlin, Germany) (represented by: P. Ehrlinger and T. Hagen, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Annapurna SpA (Prato, Italy) (represented by: S. Verea, K. Muraro and M. Balestriero, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 3 December 2012 (Case R 2409/2011 5), relating to revocation proceedings between Anapurna GmbH and Annapurna SpA.

Operative part of the judgment

The Court:

Dismisses the action;

Rejects Annapurna SpA’s application for annulment;

Orders Anapurna GmbH to pay the costs, with the exception of those incurred by Annapurna SpA;

Orders Annapurna SpA to bear its own costs.

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¹     OJ C 101, 6.4.2013.