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Document 62013TN0230

    Case T-230/13: Action brought on 22 April 2013 — HTC Sweden/OHIM — Vermop Salmon (TWISTER)

    SL C 178, 22.6.2013, p. 15–15 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    22.6.2013   

    EN

    Official Journal of the European Union

    C 178/15

    Action brought on 22 April 2013 — HTC Sweden/OHIM — Vermop Salmon (TWISTER)

    (Case T-230/13)

    2013/C 178/26

    Language in which the application was lodged: English

    Parties

    Applicant: HTC Sweden AB (Söderköping, Sweden) (represented by: G. Hasselblatt and D. Kipping, lawyers)

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

    Other party to the proceedings before the Board of Appeal: Vermop Salmon GmbH (Gilching, Germany)

    Form of order sought

    The applicant claims that the Court should:

    —

    Overturn the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 January 2013, joined Cases R 1873/2011-1 and R 1881/2011-1;

    —

    Order OHIM to bear its own costs as well as the costs of the applicant.

    Pleas in law and main arguments

    Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark ‘TWISTER’ for goods in classes 3, 7 and 21 — Community trade mark registration No 4 617 932

    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 application of invalidity was based on Articles 53(1)(a) and 8 (1)(b) of Council Regulation No 207/2009

    Decision of the Cancellation Division: Declared the contested Community trade mark partially invalid

    Decision of the Board of Appeal: Dismissed the appeal partially

    Pleas in law: Infringement of Article 7(1)(c) of Council Regulation No 207/2009.

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