This document is an excerpt from the EUR-Lex website
Document 62013TN0307
Case T-307/13: Action brought on 4 June 2013 — Capella v OHIM — Oribay Mirror Buttons (ORIBAY)
Case T-307/13: Action brought on 4 June 2013 — Capella v OHIM — Oribay Mirror Buttons (ORIBAY)
Case T-307/13: Action brought on 4 June 2013 — Capella v OHIM — Oribay Mirror Buttons (ORIBAY)
OJ C 207, 20.7.2013, p. 54–55
(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. 13–13
(HR)
20.7.2013 |
EN |
Official Journal of the European Union |
C 207/54 |
Action brought on 4 June 2013 — Capella v OHIM — Oribay Mirror Buttons (ORIBAY)
(Case T-307/13)
2013/C 207/90
Language of the case: German
Parties
Applicant: Capella EOOD (Sofia, Bulgaria) (represented by: M. Holtorf, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Oribay Mirror Buttons, SL (San Sebastián, Spain)
Form of order sought
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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 22 March 2013 in Case R 164/2012-4; |
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Declare revoked the registration of Community trade mark 003611282 ‘ORIBAY ORIginal Buttons for Automotive Yndustry’ for the following goods and services:
|
— |
Order the defendant to bear the costs of the proceedings including the costs incurred in the appeal proceedings. |
Pleas in law and main arguments
Registered Community trade mark in respect of which an application for revocation has been made: figurative mark, which contains the word elements ‘ORIBAY ORIginal Buttons for Automotive Yndustry, for goods and services in Classes 12, 37 and 40 — Community trade mark No 3 611 282
Proprietor of the Community trade mark: Oribay Mirror Buttons, SL
Party applying for revocation of the Community trade mark: The applicant
Decision of the Cancellation Division: The application for revocation was partially upheld
Decision of the Board of Appeal: The appeal was upheld and the application for revocation completely rejected
Pleas in law: Infringement of Article 51(1)(a) of Regulation No 207/2009, infringement of Article 56 of Regulation No 207/2009 in conjunction with Rule 37(a)(iii) of Regulation No 2868/95 and infringement of Article 57(2) of Regulation No 207/2009