This document is an excerpt from the EUR-Lex website
Document 62013TN0171
Case T-171/13: Action brought on 21 March 2013 — Benelli Q.J./OHIM — Demharter (MOTOBI B PESARO)
Case T-171/13: Action brought on 21 March 2013 — Benelli Q.J./OHIM — Demharter (MOTOBI B PESARO)
Case T-171/13: Action brought on 21 March 2013 — Benelli Q.J./OHIM — Demharter (MOTOBI B PESARO)
OJ C 147, 25.5.2013, p. 28–28
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
25.5.2013 |
EN |
Official Journal of the European Union |
C 147/28 |
Action brought on 21 March 2013 — Benelli Q.J./OHIM — Demharter (MOTOBI B PESARO)
(Case T-171/13)
2013/C 147/50
Language in which the application was lodged: English
Parties
Applicant: Benelli Q.J. Srl (Pesaro, Italy) (represented by: P. Lukácsi, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Demharter GmbH (Dillingen, Germany)
Form of order sought
The applicant claims that the Court should:
— |
Alter the defendant’s decision and order the dismissal of the application for revocation filed by the cancellation applicant; |
— |
Annul the defendant’s decision and remit the case to OHIM for further examination and a new decision should the Court consider that it is inevitable to conduct another thorough analysis of the evidence of genuine use; |
— |
Order the defendant to pay the applicant’s costs. |
Pleas in law and main arguments
Registered Community trade mark in respect of which an application for revocation has been made: The figurative mark ‘MOTOBI B PESARO’ for goods in classes 9, 12 and 25 — Community trade mark registration No 2 262 269
Proprietor of the Community trade mark: The applicant
Party applying for revocation of the Community trade mark: The other party to the proceedings before the Board of Appeal
Decision of the Cancellation Division: Revoked the Community trade mark
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 51(1)(a) of Council Regulation No 207/2009.