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Document 62013TN0278
Case T-278/13: Action brought on 15 May 2013 — Now Wireless/OHIM — Starbucks (HK) (now)
Case T-278/13: Action brought on 15 May 2013 — Now Wireless/OHIM — Starbucks (HK) (now)
Case T-278/13: Action brought on 15 May 2013 — Now Wireless/OHIM — Starbucks (HK) (now)
OJ C 207, 20.7.2013, p. 50–51
(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. 12–12
(HR)
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20.7.2013 |
EN |
Official Journal of the European Union |
C 207/50 |
Action brought on 15 May 2013 — Now Wireless/OHIM — Starbucks (HK) (now)
(Case T-278/13)
2013/C 207/82
Language in which the application was lodged: English
Parties
Applicant: Now Wireless Ltd (Guildford, United Kingdom) (represented by: T. Alkin, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Starbucks (HK) Ltd (Hong Kong, China)
Form of order sought
The applicant claims that the Court should:
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Annul the contested decision; and |
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Order Community Trade Mark Registration No 1421700 to be revoked on grounds of non-use; |
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Order the registered proprietor to pay the costs incurred by the applicant. |
Pleas in law and main arguments
Registered Community trade mark in respect of which an application for revocation has been made: The figurative mark containing the word element ‘now’ for services in classes 35, 41 and 42 — Community trade mark No 1 421 700
Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
Party applying for revocation of the Community trade mark: The applicant
Decision of the Cancellation Division: Partially revoked the Community trade mark registration
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 51(1)(a) and (2) of Council Regulation No 207/2009.