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Document 62013TN0258
Case T-258/13: Action brought on 3 May 2013 — Matratzen Concord v OHIM — KBT (ARKTIS)
Case T-258/13: Action brought on 3 May 2013 — Matratzen Concord v OHIM — KBT (ARKTIS)
Case T-258/13: Action brought on 3 May 2013 — Matratzen Concord v OHIM — KBT (ARKTIS)
OJ C 207, 20.7.2013, p. 42–42
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 207, 20.7.2013, p. 11–11
(HR)
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20.7.2013 |
EN |
Official Journal of the European Union |
C 207/42 |
Action brought on 3 May 2013 — Matratzen Concord v OHIM — KBT (ARKTIS)
(Case T-258/13)
2013/C 207/70
Language in which the application was lodged: German
Parties
Applicant: Matratzen Concord GmbH (Cologne, Germany) (represented by: I. Selting, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: KBT & Co. Ernst Kruchen agenzia commerciale sociétá in accomandita (Locarno, 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 4 March 2013 in Case R 2133/2011-4; |
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Order the defendant to pay the costs including those incurred in the course of the proceedings. |
Pleas in law and main arguments
Registered Community trade mark in respect of which an application for revocation has been made: the word mark ‘ARKTIS’ for goods in Classes 20 and 24 — Community trade mark No 2 818 680
Proprietor of the Community trade mark: KBT & Co. Ernst Kruchen agenzia commercial sociétá in accomandita
Party applying for revocation of the Community trade mark: the applicant
Decision of the Cancellation Division: the application was upheld in part
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 51(1)(a) of Regulation No 207/2009