This document is an excerpt from the EUR-Lex website
Document 62013TN0085
Case T-85/13: Action brought on 14 February 2013 — K-Swiss/OHIM — Künzli SwissSchuh (Trainer with five stripes)
Case T-85/13: Action brought on 14 February 2013 — K-Swiss/OHIM — Künzli SwissSchuh (Trainer with five stripes)
Case T-85/13: Action brought on 14 February 2013 — K-Swiss/OHIM — Künzli SwissSchuh (Trainer with five stripes)
IO C 123, 27.4.2013, p. 17–17
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 14/02/2013
- Date lodged:
- 14/02/2013
- Author:
- Cúirt Ghinearálta
- Form:
- Faisnéis bhreithiúnach
- Authentic language:
- Béarla
- Link
- Select all documents mentioning this document
- Instruments cited in case law:
- Link
- EUROVOC descriptor:
|
27.4.2013 |
EN |
Official Journal of the European Union |
C 123/17 |
Action brought on 14 February 2013 — K-Swiss/OHIM — Künzli SwissSchuh (Trainer with five stripes)
(Case T-85/13)
2013/C 123/28
Language in which the application was lodged: English
Parties
Applicant: K-Swiss, Inc. (California, United States) (represented by: R. Niebel and K. Tasma, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Künzli SwissSchuh AG (Windisch, Switzerland)
Form of order sought
The applicant claims that the Court should:
|
— |
Annul the Decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), dated 30 October 2012 in Case R 174/2011-2; and |
|
— |
Order the defendant and, as appropriate, the intervener to bear the coasts of the action. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark representing a trainer with five stripes — Community trade mark registration No 4 771 978
Proprietor of the Community trade mark: The applicant
Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal
Grounds for the application for a declaration of invalidity: The grounds of the request for a declaration of invalidity were those laid down in Article 52(1)(a) in conjunction with Article 7(1)(b) of Council Regulation No 207/2009
Decision of the Cancellation Division: Declared the contested Community trade mark invalid
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 207/2009.
