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Document 62014TN0624

    Case T-624/14: Action brought on 12 August 2014 — Bice International v OHIM — Bice (bice)

    OJ C 351, 6.10.2014, p. 28–28 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    6.10.2014   

    EN

    Official Journal of the European Union

    C 351/28


    Action brought on 12 August 2014 — Bice International v OHIM — Bice (bice)

    (Case T-624/14)

    2014/C 351/36

    Language in which the application was lodged: English

    Parties

    Applicant: Bice International Ltd (Dubai, United Arabs Emirates) (represented by: N. Gibb, Solicitor)

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

    Other party to the proceedings before the Board of Appeal: Bice AG (Baar, Switzerland)

    Form of order sought

    The applicant claims that the Court should:

    Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 May 2014 given in Case R 1249/2013-1.

    Pleas in law and main arguments

    Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘bice’ for goods and services in Classes 29, 30 and 43 — Community trade mark registration No 5 1 26  693

    Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

    Applicant for the declaration of invalidity of the Community trade mark: The applicant

    Grounds for the application for a declaration of invalidity: It was alleged that the CTM application was filed in bad faith, within the meaning of Article 52(1)(b) CTMR and registered in breach of Article 53(1)(a) in conjunction with Article 8(1)(a) and 8(1)(b) CTMR

    Decision of the Cancellation Division: Rejected the request for invalidity in its entirety

    Decision of the Board of Appeal: Dismissed the appeal

    Pleas in law: Infringement of Articles 52(1)(b), 53(1)(a) in conjunction with 8(1)(a) and 8(1)(b) CTMR.


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