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Document 62013TN0396

    Case T-396/13: Action brought on 30 July 2013 — Dosen v OHIM — Gramm (Nano-Pad)

    OJ C 274, 21.9.2013, p. 23–24 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
    OJ C 274, 21.9.2013, p. 17–18 (HR)

    21.9.2013   

    EN

    Official Journal of the European Union

    C 274/23

    Action brought on 30 July 2013 — Dosen v OHIM — Gramm (Nano-Pad)

    (Case T-396/13)

    2013/C 274/39

    Language in which the application was lodged: German

    Parties

    Applicant: Franko Dosen (Berlin, Germany) (represented by: H. Losert, lawyer)

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

    Other party to the proceedings before the Board of Appeal: Thomas Gramm (Bremen, Germany)

    Form of order sought

    —

    Annul the decision of the Cancellation Division of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 September 2011 (Ref: 4204 C) in the form of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 May 2013 in Case R 1981/2011-4.

    Pleas in law and main arguments

    Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘Nano-Pad’ for goods in Class 17 — Community trade mark No 8 228 421

    Proprietor of the Community trade mark: Franko Dosen

    Applicant for the declaration of invalidity of the Community trade mark: Thomas Gramm

    Grounds for the application for a declaration of invalidity: Absolute grounds for invalidity under Article 52(1)(a) and (b) of Regulation No 207/2009

    Decision of the Cancellation Division: The application for a declaration of invalidity was granted in part

    Decision of the Board of Appeal: Appeal dismissed

    Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009

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