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Document 62013TN0164

    Case T-164/13: Action brought on 15 March 2013 — Sun Capital Partners/OHIM — Sun Capital Partners (SUN CAPITAL)

    OJ C 147, 25.5.2013, p. 26–27 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    25.5.2013   

    EN

    Official Journal of the European Union

    C 147/26

    Action brought on 15 March 2013 — Sun Capital Partners/OHIM — Sun Capital Partners (SUN CAPITAL)

    (Case T-164/13)

    2013/C 147/47

    Language in which the application was lodged: English

    Parties

    Applicant: Sun Capital Partners, Inc. (New York, United States) (represented by: P.-A. Dubois, Solicitor, D. Alexander, QC and F. Clark, Barrister)

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

    Other party to the proceedings before the Board of Appeal: Sun Capital Partners Ltd (London, United Kingdom)

    Form of order sought

    The applicant claims that the Court should:

    —

    Annul the contested decision of the Board; and/or

    —

    Remit the matter for further consideration by the Board;

    —

    Order the defendant to pay the costs of the proceedings, including the costs incurred by the applicant before the Board;

    —

    Order SCPL to pay the costs of the proceedings, including the costs incurred by the applicant before the Board, in the event that SCLP becomes an intervening party in these 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 ‘SUN CAPITAL’– Community trade mark registration No 2 942 654

    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: The grounds of the request for a declaration of invalidity were those laid down in Articles 53(1)(c) and 8(4) of Council Regulation No 207/2009

    Decision of the Cancellation Division: Declared the contested Community trade mark invalid

    Decision of the Board of Appeal: Dismissed the appeal

    Pleas in law: Infringement of Articles 53(1) in conjunction with 8(4) of Council Regulation No 207/2009.

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