Judgment of the General Court (Seventh Chamber) of 3 December 2009 – Iranian Tobacco v OHIM – AD Bulgartabac (Bahman)
(Case T-223/08)
Community trade mark – Revocation proceedings – Figurative Community trade mark Bahman – 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 10 April 2008 in Case R 709/2007-1 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 Bahman for goods in Class 34 – Community trade mark No 427336 |
Proprietor of the Community trade mark: | Iranian Tobacco Co. |
Applicant in the revocation proceedings: | AD Bulgartabac Holding Sofia |
Decision of the Cancellation Division: | Annulment of the Community trade mark concerned |
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. |