13.10.2014

Official Journal of the European Union

C 361/11

Action brought on 5 June 2014 — Best-Lock (Europe) v OHIM — Lego Juris (Shape of a toy figure)

(Case T-398/14)

2014/C 361/14

Language in which the application was lodged: German

Parties

Applicant: Best-Lock (Europe) (Colne, United Kingdom) (represented by: W. Krahl, lawyer)

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

Other party to the proceedings before the Board of Appeal: Lego Juris A/S (Billund, Denmark)

Form of order sought

The applicant claims that the Court should:

—	annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 April 2014 in Case R 1896/2013-4 and declare Community trade mark No 50 518 with respect to Class 28 to be revoked;

—	order the defendant to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: Three-dimensional mark in the shape of a toy figure for goods in Classes 9, 25 and 28 — Community trade mark No 50 518

Proprietor of the Community trade mark: Lego Juris A/S

Party applying for revocation of the Community trade mark: The applicant

Decision of the Cancellation Division: Rejection in part of the application for a declaration of invalidity

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Articles 51(1)(a) and 15(2)(a) of Regulation No 207/2009