Action brought on 24 July 2014 — Research Engineering & Manufacturing v OHIM — Nedschroef Holding (TRILOBULAR)

(Case T-558/14)

2014/C 351/21

Language in which the application was lodged: English

Parties

Applicant: Research Engineering & Manufacturing, Inc. (Middletown, United States) (represented by: S. Malynicz, Barrister, K. Gilbert and M. Gilbert, Solicitors)

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

Other party to the proceedings before the Board of Appeal: Nedschroef Holding BV (Helmond, Netherlands)

Form of order sought

The applicant claims that the Court should:

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Community trade mark registration No 668 566

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: Absolute grounds for invalidity pursuant to Article 52(1)(a) CTMR in conjuction with Article 7(1)(b) and (c)

Decision of the Cancellation Division: Rejected the request for declaration of invalidity

Decision of the Board of Appeal: Annulled the contested decision and declared the Community trade mark invalid

Pleas in law: Infringement of Articles 7(1)(b) and 7(1)(c) CTMR.