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Document 62008TN0245

    Case T-245/08: Action brought on 20 June 2008 — Iranian Tobacco v OHIM — AD Bulgartabac (TIR 20 FILTER CIGARETTES)

    OJ C 223, 30.8.2008, p. 51–52 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    30.8.2008   

    EN

    Official Journal of the European Union

    C 223/51

    Action brought on 20 June 2008 — Iranian Tobacco v OHIM — AD Bulgartabac (TIR 20 FILTER CIGARETTES)

    (Case T-245/08)

    (2008/C 223/90)

    Language in which the application was lodged: German

    Parties

    Applicant: Iranian Tobacco Company (Tehran, Iran) (represented by: M. Beckensträter, lawyer)

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

    Other party to the proceedings before the Board of Appeal of OHIM: AD Bulgartabac Holding (Sofia, Bulgaria)

    Form of order sought

    —

    annul the decision of the First Board of Appeal of 11 April 2008 (Case R 708/2007-1), notified on 21 April 2008;

    —

    order the third party to pay the refundable costs, including those of the main proceedings and of the defendant;

    —

    in the alternative, annul the decision of 11 April 2008 and that of 7 March 2007 — 1414C — and hold the third party's application of 8 November 2005 to be inadmissible.

    Pleas in law and main arguments

    Registered Community trade mark in respect of which a declaration of invalidity has been sought: the figurative mark ‘TIR 20 FILTER CIGARETTES’ for goods in Class 34 (Community trade mark No 400 804).

    Proprietor of the Community trade mark: the applicant.

    Applicant for the declaration of invalidity: AD Bulgartabac Holding.

    Decision of the Cancellation Division: cancellation of the relevant Community trade mark.

    Decision of the Board of Appeal: dismissal of the applicant's appeal.

    Pleas in law: conditions of admissibility to be taken into consideration ex officio by OHIM concerning AD Bulgartabac Holding's application were not examined, contrary to Community law, to Regulation (EC) No 40/94 (1) and to other procedural principles.

    (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

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