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Document 62009TN0450
Case T-450/09: Action brought on 6 November 2009 — Simba Toys v OHIM — Seven Towns (Three-dimensional representation of a cubic toy)
Case T-450/09: Action brought on 6 November 2009 — Simba Toys v OHIM — Seven Towns (Three-dimensional representation of a cubic toy)
Case T-450/09: Action brought on 6 November 2009 — Simba Toys v OHIM — Seven Towns (Three-dimensional representation of a cubic toy)
OJ C 11, 16.1.2010, p. 34–35
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
16.1.2010 |
EN |
Official Journal of the European Union |
C 11/34 |
Action brought on 6 November 2009 — Simba Toys v OHIM — Seven Towns (Three-dimensional representation of a cubic toy)
(Case T-450/09)
2010/C 11/64
Language in which the application was lodged: English
Parties
Applicant: Simba Toys GmbH & Co. KG (Fürth, Germany) (represented by: O. Ruhl, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Seven Towns Ltd (London, United Kingdom)
Form of order sought
— |
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 September 2009 in case R 1526/2008-2; and |
— |
Order the defendant and the other party to the proceedings before the Board of Appeal to pay the costs incurred in the appeal proceedings and those incurred before the Court. |
Pleas in law and main arguments
Registered Community trade mark subject of the application for a declaration of invalidity: A three-dimensional representation of a cubic toy for goods in class 28
Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
Party requesting the declaration of invalidity of the Community trade mark: The applicant
Decision of the Cancellation Division: Rejected the request for a declaration of invalidity
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b),(c) and (e) of Council Regulation 207/2009, as the Board of Appeal wrongly assessed the absolute grounds for refusal presented by the applicant; Infringement of Article 75 of Council Regulation No 207/2009 as the Board of Appeal failed to state reasons why it denied the ground for revocation under Article 7(1)(c) of the said regulation; Infringement of Article 76(1) of Council Regulation No 207/2009 as the Board of Appeal failed to identify fully the features of the trade mark subject of the application for a declaration of invalidity and failed to take into account certain features of such trade mark.