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Document 62009TN0027
Case T-27/09: Action brought on 19 January 2009 — Stella Kunststofftechnik v OHIM
Case T-27/09: Action brought on 19 January 2009 — Stella Kunststofftechnik v OHIM
Case T-27/09: Action brought on 19 January 2009 — Stella Kunststofftechnik v OHIM
OJ C 82, 4.4.2009, p. 28–29
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
4.4.2009 |
EN |
Official Journal of the European Union |
C 82/28 |
Action brought on 19 January 2009 — Stella Kunststofftechnik v OHIM
(Case T-27/09)
(2009/C 82/50)
Language in which the application was lodged: German
Parties
Applicant: Stella Kunststofftechnik GmbH (Eltville, Germany) (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: Stella Pack Sp. z o. o. (Lubartow, Republic of Poland)
Form of order sought
— |
annul the decision of the Fourth Board of Appeal of 13 November 2008, notified on 19 November 2008, and hold that the application of 22 December 2006 for a declaration of revocation ought to have been dismissed as being inadmissible; |
— |
in the alternative, suspend the decision on the application for a declaration of revocation of 22 December 2006 until the opposition proceedings in opposition B 863177 have been concluded in law, and at the same time annul the decision of 13 November 2008 and that of the Cancellation Division of 27 February 2008; |
— |
order the intervener to pay the recoverable costs, including those of the initial proceedings and of the defendant. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of revocation has been sought: the word mark ‘Stella’ for goods in Classes 6, 8, 16, 20 and 21 (Community trade mark No 15 479)
Proprietor of the Community trade mark: the applicant
Applicant for the declaration of revocation: Stella Pack Sp. z o. o
Decision of the Cancellation Division: declaration of revocation of the Community trade mark concerned for certain goods in Classes 6, 8, 16 and 20
Decision of the Board of Appeal: dismissal of the applicant's appeal
Pleas in law: Failure to have regard for the conditions governing admissibility in Regulation (EC) No 40/94 (1) and Regulation (EC) No 2868/95 (2) which must automatically be complied with in proceedings for a declaration of revocation.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).
(2) Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1).