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Document 62014TN0223
Case T-223/14: Action brought on 9 April 2014 — Ewald Dörken v OHIM — Schürmann (VENT ROLL)
Case T-223/14: Action brought on 9 April 2014 — Ewald Dörken v OHIM — Schürmann (VENT ROLL)
Case T-223/14: Action brought on 9 April 2014 — Ewald Dörken v OHIM — Schürmann (VENT ROLL)
OJ C 184, 16.6.2014, p. 35–36
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
16.6.2014 |
EN |
Official Journal of the European Union |
C 184/35 |
Action brought on 9 April 2014 — Ewald Dörken v OHIM — Schürmann (VENT ROLL)
(Case T-223/14)
2014/C 184/57
Language in which the application was lodged: German
Parties
Applicant: Ewald Dörken AG (Herdecke, Germany) (represented by: N. Grüger, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Wolfram Schürmann (Neuhausen, Switzerland)
Form of order sought
The applicant claims that the Court should:
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 January 2014 in Case R 2156/2012-4 and alter the contested decision to the effect that the application for a declaration of invalidity is dismissed in its entirety; |
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In the alternative, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 January 2014 in Case R 2156/2012-4 with regard to the goods in Class 6: ‘metal sheets for construction purposes’ and Class [1]7: ‘underlay sheets’ and alter the contested decision to the effect that the application for a declaration of invalidity is dismissed with regard to those goods; |
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Order the defendant to pay the costs. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘VENT ROLL’ for goods in Classes 6, 17 and 19 — Community trade mark No 3 817 491
Proprietor of the Community trade mark: the applicant
Applicant for the declaration of invalidity of the Community trade mark: Wolfram Schürmann
Grounds for the application for a declaration of invalidity: Absolute grounds for invalidity under Article 52(1)(a) in conjunction with Article 7(1)(b) and (c) of Regulation No 207/2009, bad faith under Article 52(1)(b) of Regulation No 207/2009 and relative ground for invalidity of a mark registered by an agent without the proprietor’s consent pursuant to Article 53(1)(b) of Regulation No 207/2009
Decision of the Cancellation Division: the application for a declaration of invalidity was granted
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law:
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Infringement of Article 52(1) in conjunction with Article 7(1)(b) and Article 7(2) of Regulation No 207/2009; |
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Infringement of Article 52(1) in conjunction with Article 7(1)(c) and Article 7(2) of Regulation No 207/2009; |
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Infringement of Article 76(2) of Regulation No 207/2009 in conjunction with Rule 40(3) of Regulation No 2868/95; |
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Infringement of Articles 76 and 78 of Regulation No 207/2009 and Rules 37(b)(iv) and 57 of Regulation No 2868/95; |
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Infringement of Article 76(1) of Regulation No 207/2009 in conjunction with Rule 37(a)(iii) of Regulation No 2868/95 in conjunction with Article 83 of Regulation No 207/2009; |
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Infringement of Article 76(1) of Regulation No 207/2009 in conjunction with Rule 37(a)(iii) and (b)(i) of Regulation No 2868/95 |