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Document 62013TN0239

Case T-239/13: Action brought on 23 April 2013 — Atmeh v OHIM — Fretier (MONTALE MTL MONTALE Dezign)

OJ C 207, 20.7.2013, p. 37–37 (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. 10–10 (HR)

20.7.2013   

EN

Official Journal of the European Union

C 207/37

Action brought on 23 April 2013 — Atmeh v OHIM — Fretier (MONTALE MTL MONTALE Dezign)

(Case T-239/13)

2013/C 207/61

Language in which the application was lodged: French

Parties

Applicant: Ammar Atmeh (Diera-Duba, United Arab Emirates) (represented by: A. Berthet, lawyer)

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

Other party to the proceedings before the Board of Appeal: Sylvie Fretier (Paris, France)

Form of order sought

The applicant claims that the Court should:

—

declare the present action to be admissible;

—

Alter the decision of the Fourth Board of Appeal of OHIM of 14 February 2013 in Joined Cases R 1482/2011-4 and R 1571/2011-4 and suspend the annulment proceedings against the Community trade mark MONTALE MTL MONTALE Dezign No 003 874 807 submitted on 16 June 2004 by Mr Ammar Atmeh pending a definitive ruling on the application for a declaration of invalidity and for revocation of the trade marks of Ms Fretier pending before the Tribunal de Grande Instance de Paris;

—

order OHIM 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: Figurative mark including the word elements ‘MONTALE MTL MONTALE Dezign’ for goods and services in Class 3 — Community trade mark No 3 874 807

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: Sylvie Fretier

Grounds for the application for a declaration of invalidity: National figurative mark including the word elements ‘PIERRE MONTALE MONTALE M’ and national figurative mark and international registration including the word elements ‘MTL MONTALE’ for goods in Class 3

Decision of the Cancellation Division: The application for invalidity is granted

Decision of the Board of Appeal: The action brought by the applicant is dismissed and the action brought by Sylvie Fretier is declared inadmissible

Pleas in law: Infringement of Rule 20 of Regulation No 2868/95 and of the principle of sound administration of justice

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