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Document 62012TN0580

    Case T-580/12: Action brought on 27 December 2012 — Yaqub/OHIM — Turkey (ATATURK)

    IO C 79, 16.3.2013, p. 21–21 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    16.3.2013   

    EN

    Official Journal of the European Union

    C 79/21


    Action brought on 27 December 2012 — Yaqub/OHIM — Turkey (ATATURK)

    (Case T-580/12)

    2013/C 79/37

    Language in which the application was lodged: English

    Parties

    Applicant: J. Yaqub (Nottingham, United Kingdom) (represented by: J. Jenkins, Solicitor)

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

    Other party to the proceedings before the Board of Appeal: Republic of Turkey

    Form of order sought

    The applicant claims that the Court should:

    Annul the decision of the second board of appeal of the 17 September 2012.

    Pleas in law and main arguments

    Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘ATATURK’ for goods in classes 3, 5, 25, 29, 30 and 32 (Community trade mark 4 633 434)

    Proprietor of the Community trade mark: The applicant

    Applicant for the declaration of invalidity of the Community trade mark: Republic of Turkey

    Grounds for the application for a declaration of invalidity: The request for a declaration of invalidity was based on grounds for refusal pursuant to Article 52(1)(a) in conjunction with Articles 7(1)(b) and (f) of Council Regulation No 207/2009

    Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity

    Decision of the Board of Appeal: Upheld the appeal

    Pleas in law: Infringement of the Council Regulation No 207/2009.


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