4.8.2014

Official Journal of the European Union

C 253/33

Action brought on 30 April 2014 — Lithomex/OHMI — Glaubrecht Stingel (LITHOFIX)

(Case T-273/14)

2014/C 253/48

Language in which the application was lodged: English

Parties

Applicant: Lithomex ApS (Langeskov, Denmark) (represented by: L. Ullmann, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Glaubrecht Stingel GmbH & Co.KG (Wendlingen, Germany)

Form of order sought

The applicant claims that the Court should:

—	Overturn decision R 2280/2012-5 of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17/02/2014;

—	Amend the contested decision to show that the appeal against Decision No 5589 C of the Cancellation Division of 21/11/2012 is rejected;

—	Condemn the intervener to pay the costs including the costs incurred during 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 LITHOFIX for goods in Classes 19 and 31 — Community trade mark registration No 7 5 04 368

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: Glaubrecht Stingel GmbH & Co. KG

Grounds for the application for a declaration of invalidity: Article 53(1)(a) and Article 8(1)(b) of Regulation No 207/2009 — International and national word marks ‘LITHOFIN’ for goods in Class 1

Decision of the Cancellation Division: The declaration of invalidity was rejected

Decision of the Board of Appeal: The appeal was upheld and the Community trade mark declared invalid for all the goods in Class 19

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009.