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28.7.2014 |
EN |
Official Journal of the European Union |
C 245/24 |
Action brought on 8 May 2014 — Rezon OOD v OHIM — mobile.international GmbH (mobile.de proMotor)
(Case T-337/14)
2014/C 245/32
Language in which the application was lodged: Bulgarian
Parties
Applicant: Rezon OOD (Sofia, Bulgaria) (represented by: P. Kanchev and T. Ignatova, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: mobile.international GmbH (Dreilinden, Germany)
Form of order sought
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Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 February 2014 in Case R 950/2013-1; |
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grant the applications made to the divisions and boards of appeal of OHIM; |
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grant in its entirety the application for a declaration of invalidity of the Community trade mark mobile.international GmbH; |
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order reimbursement of the applicant’s costs; |
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order that experts be appointed to produce a written report on the evidential issues raised in the action. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘mobile.de proMotor’ for services in classes 35, 38, 41 and 42 — Community trade mark registration No 4 896 643.
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, Rezon OOD.
Grounds for the application for a declaration of invalidity: Relative ground for invalidity under Article 53(1) in conjunction with Article 8(1)(b) and (c) of Regulation No 207/2009.
Decision of the Cancellation Division: Application dismissed.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 78(1)(e) of Regulation No 207/2009, in conjunction with Article 76 thereof and with Rule 22(3) of Regulation No 2868/95; infringement of Article 53(1)(a) of Regulation No 207/2009; conflict, in the light of EU enlargement, between the Community trade mark registered subsequently and an earlier national trade mark.