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12.5.2014 |
EN |
Official Journal of the European Union |
C 142/53 |
Action brought on 21 March 2014 — Atlantic Multipower Germany v OHIM — Nutrichem Diät + Pharma (NOxtreme)
(Case T-186/14)
2014/C 142/68
Language in which the application was lodged: German
Parties
Applicant: Atlantic Multipower Germany GmbH & Co. OHG (Hamburg, Germany) (represented by: W. Berlit, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Nutrichem Diät + Pharma GmbH (Roth, Germany)
Form of order sought
The applicant claims that the Court should:
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 January 2014 in Case R 764/2013-4; |
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Annul the decision of the Cancellation Division of 12 April 2013 (filing No: 6333C); |
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Order the intervener to pay the costs including those incurred in the course of the appeal proceedings. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘NOxtreme’ for goods in Classes 5, 29, 30 and 32 — Community trade mark No 10 177 889
Proprietor of the Community trade mark: the applicant
Applicant for the declaration of invalidity of the Community trade mark: Nutrichem Diät + Pharma GmbH
Grounds for the application for a declaration of invalidity: the national and Community figurative marks, including the word element ‘X-TREME’, for goods in Classes 5, 29 and 32
Decision of the Cancellation Division: the application for a declaration of invalidity was granted
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law:
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Infringement of Article 57(2) and (3) in conjunction with Article 42(2) and (3) of Regulation No 207/2009; |
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Infringement of Article 8(1)(b) of Regulation No 207/2009 |