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:

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.