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Document 62013TN0302
Case T-302/13: Action brought on 28 May 2013 — Nordex Holding/OHIM — Fontana Food (Taverna)
Case T-302/13: Action brought on 28 May 2013 — Nordex Holding/OHIM — Fontana Food (Taverna)
Case T-302/13: Action brought on 28 May 2013 — Nordex Holding/OHIM — Fontana Food (Taverna)
OJ C 226, 3.8.2013, p. 21–22
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 226, 3.8.2013, p. 6–6
(HR)
3.8.2013 |
EN |
Official Journal of the European Union |
C 226/21 |
Action brought on 28 May 2013 — Nordex Holding/OHIM — Fontana Food (Taverna)
(Case T-302/13)
(2013/C 226/28)
Language in which the application was lodged: English
Parties
Applicant: Nordex Holding A/S (Dronninglund, Denmark) (represented by: M. Kleis, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Fontana Food AB (Tyresö, Sweden)
Form of order sought
The applicant claims that the Court should:
— |
Annul the First Board of Appeal’s decision of 21 March 2013 in Case R 2608/2011-1; |
— |
Annul the Cancellation Division’s decision of 21 October 2011 No 4891 C, which preceded the adoption of the contested decision; |
— |
Order the Office to pay the costs, including those incurred in 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 figurative mark containing the word element ‘Taverna’– Community trade mark registration No 5 466 909
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)(a) and 8(1)(b) of Council Regulation No 207/2009
Decision of the Cancellation Division: Declared the contested Community trade mark partially invalid
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 53(1)(a) in conjunction with 8(1)(b) of Council Regulation No 207/2009.