# C_2014235EN.01002601.xml

| 21.7.2014 | EN | Official Journal of the European Union | C 235/26 |
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21.7.2014

EN

Official Journal of the European Union

C 235/26

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Action brought on 7 May 2014 — mobile.international v OHIM — Rezon (mobile.de)

(Case T-322/14)

2014/C 235/36

Language in which the application was lodged: German

Parties

Parties

Applicant: mobile.international GmbH (Kleinmachnow, Germany) (represented by: T. Lührig, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Rezon OOD (Sofia, Bulgaria)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 February 2014 in Case R 951/2013-1; |
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annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 February 2014 in Case R 951/2013-1;

| — | order the defendant to pay the costs. |
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order the defendant to pay the 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: the figurative mark including the word elements ‘mobile.de’ for goods and services in Classes 9, 16, 35, 38 and 42 — Community trade mark No 8 8 38  609

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

Proprietor of the Community trade mark: the applicant

Proprietor of the Community trade mark:

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

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

Grounds for the application for a declaration of invalidity: national figurative mark including the word elements ‘mobile’ for services in Classes 35, 39 and 42

Grounds for the application for a declaration of invalidity:

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

Decision of the Cancellation Division:

Decision of the Board of Appeal: Appeal upheld and the case is referred back to the Cancellation Division

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Article 57 (2) of Regulation No 207/2009 in conjunction with Rule 22(2) of Regulation No 2868/95; |
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Infringement of Article 57 (2) of Regulation No 207/2009 in conjunction with Rule 22(2) of Regulation No 2868/95;

| — | Infringement of Article 76(2) of Regulation No 207/2009; |
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Infringement of Article 76(2) of Regulation No 207/2009;

| — | Infringement of Article 15(1)(a) of Regulation No 207/2009; |
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Infringement of Article 15(1)(a) of Regulation No 207/2009;

| — | Infringement of Article 57(2) of Regulation No 207/2009 in conjunction with Rule 22(3) and (4) of Regulation No 2868/95; |
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Infringement of Article 57(2) of Regulation No 207/2009 in conjunction with Rule 22(3) and (4) of Regulation No 2868/95;

| — | Infringement of Article 78(1)(f) of Regulation No 207/2009; |
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Infringement of Article 78(1)(f) of Regulation No 207/2009;

| — | Infringement of the rules on abuse of law in conjunction with Article 56(1)(b) of Regulation No 207/2009 and Article 54(2) of Regulation No 207/2009; |
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Infringement of the rules on abuse of law in conjunction with Article 56(1)(b) of Regulation No 207/2009 and Article 54(2) of Regulation No 207/2009;

| — | Infringement of Article 64(1) of Regulation No 207/2009 |
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Infringement of Article 64(1) of Regulation No 207/2009

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