This document is an excerpt from the EUR-Lex website
Document 62013TN0050
Case T-50/13: Action brought on 25 January 2013 — Think Schuhwerk v OHIM — Müller (VOODOO)
Case T-50/13: Action brought on 25 January 2013 — Think Schuhwerk v OHIM — Müller (VOODOO)
Case T-50/13: Action brought on 25 January 2013 — Think Schuhwerk v OHIM — Müller (VOODOO)
SL C 86, 23.3.2013, p. 26–26
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
23.3.2013 |
EN |
Official Journal of the European Union |
C 86/26 |
Action brought on 25 January 2013 — Think Schuhwerk v OHIM — Müller (VOODOO)
(Case T-50/13)
2013/C 86/43
Language in which the application was lodged: German
Parties
Applicant: Think Schuhwerk GmbH (Kopfing, Austria) (represented by: M. Gail, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Andreas Müller (Ulm, Germany)
Form of order sought
The applicant claims that the Court should:
— |
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 November 2012 in Case R 474/2012-4; |
— |
Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) 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: the word mark ‘VOODOO’ for goods in Class 25 — Community trade mark No 5 832 464
Proprietor of the Community trade mark: Andreas Müller
Applicant for the declaration of invalidity of the Community trade mark: the applicant
Grounds for the application for a declaration of invalidity: Infringement of Article 52(1)(a) in conjunction with Article 7(1)(b) and (c) of Regulation No 207/2009 and infringement of Article 52(1)(b) of Regulation No 207/2009
Decision of the Cancellation Division: the application was rejected
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 52(1)(a) in conjunction with Article 7(1)(b) and (c) of Regulation No 207/2009 and infringement of Article 52(1)(b) of Regulation No 207/2009