This document is an excerpt from the EUR-Lex website
Document 62014TN0364
Case T-364/14: Action brought on 23 May 2014 — Penny-Markt v OHIM — Boquoi Handels (B! O)
Case T-364/14: Action brought on 23 May 2014 — Penny-Markt v OHIM — Boquoi Handels (B! O)
Case T-364/14: Action brought on 23 May 2014 — Penny-Markt v OHIM — Boquoi Handels (B! O)
OJ C 261, 11.8.2014, p. 32–33
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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11.8.2014 |
EN |
Official Journal of the European Union |
C 261/32 |
Action brought on 23 May 2014 — Penny-Markt v OHIM — Boquoi Handels (B! O)
(Case T-364/14)
2014/C 261/56
Language in which the application was lodged: German
Parties
Applicant: Penny-Markt GmbH (Cologne, Germany) (represented by: M. Kinkeldey, S. Brandstätter and A. Wagner, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Boquoi Handels OHG (Straelen, Germany)
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 21 March 2014 in Case R 1201/2013-4; |
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Order the defendant to pay the costs. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: the figurative mark including the word element ‘B! O’ for goods in Classes 29, 30, 31 and 32 — Community trade mark No 10 038 008
Proprietor of the Community trade mark: the applicant
Applicant for the declaration of invalidity of the Community trade mark: Boquoi Handels OHG
Grounds for the application for a declaration of invalidity: the national and Community trade mark ‘bo’ for goods and services in Classes 5, 16, 21, 29, 31, 32, 33 and 35
Decision of the Cancellation Division: the application for a declaration of invalidity was rejected
Decision of the Board of Appeal: the decision of the Cancellation Division was annulled and the Community trade mark was declared invalid
Pleas in law: Infringement of Articles 8(1)(b) and 53(1)(a) of Regulation No 207/2009