# C_2014253EN.01004402.xml

| 4.8.2014 | EN | Official Journal of the European Union | C 253/44 |
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4.8.2014

EN

Official Journal of the European Union

C 253/44

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Action brought on 27 May 2014 — Federación Nacional de Cafeteros de Colombia v OHIM — Accelerate (COLOMBIANO COFFEE HOUSE)

(Case T-359/14)

2014/C 253/59

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: Federación Nacional de Cafeteros de Colombia (Bogotá, Colombia) (represented by: A. Pomares Caballero and M. Pomares Caballero, lawyers)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Accelerate s.a.l. (Beirut, Lebanon)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the General Court should:

| — | alter the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 March 2014 so that it declares that the conditions for the application of the relative ground for invalidity in Article 53(1)(c) of Regulation No 2007/2009, or the absolute ground for invalidity in Article 52(1)(a) of Regulation No 207/2009 or the ground for invalidity provided for in Article 14 of Regulation No 510/2006 are satisfied in the present case; and in relation to all the goods and services against which the application for a declaration of invalidity is directed; |
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alter the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 March 2014 so that it declares that the conditions for the application of the relative ground for invalidity in Article 53(1)(c) of Regulation No 2007/2009, or the absolute ground for invalidity in Article 52(1)(a) of Regulation No 207/2009 or the ground for invalidity provided for in Article 14 of Regulation No 510/2006 are satisfied in the present case; and in relation to all the goods and services against which the application for a declaration of invalidity is directed;

| — | or, in the alternative, annul the contested decision as regards the rejection of the application for a declaration of invalidity in respect of the goods ‘rice, tapioca, sago; Flour and preparations made from cereals; bread, pastry and confectionery; edible ices; Honey; treacle; Yeast, baking powder; salt, mustard; Vinegar, sauces (condiments); Spices; Ice’ in Class 30 and the ‘Services for providing food and drink; Temporary accommodation’ in Class 43; |
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or, in the alternative, annul the contested decision as regards the rejection of the application for a declaration of invalidity in respect of the goods ‘rice, tapioca, sago; Flour and preparations made from cereals; bread, pastry and confectionery; edible ices; Honey; treacle; Yeast, baking powder; salt, mustard; Vinegar, sauces (condiments); Spices; Ice’ in Class 30 and the ‘Services for providing food and drink; Temporary accommodation’ in Class 43;

rice, tapioca, sago; Flour and preparations made from cereals; bread, pastry and confectionery; edible ices; Honey; treacle; Yeast, baking powder; salt, mustard; Vinegar, sauces (condiments); Spices; Ice

Services for providing food and drink; Temporary accommodation

| — | and, in any event, order OHIM to bear its own costs and to pay the applicant’s costs. |
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and, in any event, order OHIM to bear its own costs and to pay the applicant’s costs.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark with word elements ‘COLOMBIANO COFFEE HOUSE’ for goods and services in Classes 30 and 43 — Community trade mark No 4 6 35  553

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: Accelerate s.a.l.

Proprietor of the Community trade mark:

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

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

Grounds for the application for a declaration of invalidity: Protected Geographical Indication ‘Café de Colombia’

Grounds for the application for a declaration of invalidity:

Decision of the Cancellation Division: Application for a declaration of invalidity rejected

Decision of the Cancellation Division:

Decision of the Board of Appeal: Appeal dismissed

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Article 14 of Regulation No 510/2006; |
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Infringement of Article 14 of Regulation No 510/2006;

| — | Infringement of Article 8(4) of Regulation No 207/2009 in conjunction with Article 13 of Regulation No 510/2006; |
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Infringement of Article 8(4) of Regulation No 207/2009 in conjunction with Article 13 of Regulation No 510/2006;

| — | Breach of a procedural requirement through failure to state reasons; |
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Breach of a procedural requirement through failure to state reasons;

| — | Infringement of Article 7(1)(k) of Regulation No 207/2009; |
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Infringement of Article 7(1)(k) of Regulation No 207/2009;

| — | Infringement of Article 7(1)(g) of Regulation No 207/2009. |
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Infringement of Article 7(1)(g) of Regulation No 207/2009.

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