# C_2013207EN.01004002.xml

| 20.7.2013 | EN | Official Journal of the European Union | C 207/40 |
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20.7.2013

EN

Official Journal of the European Union

C 207/40

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Action brought on 6 May 2013 — Stayer Ibérica/OHIM — Korporaciya ‘Masternet’ (STAYER)

(Case T-254/13)

2013/C 207/68

Language in which the application was lodged: English

Parties

Parties

Applicant: Stayer Ibérica, SA (Pinto, Spain) (represented by: S. Rizzo, 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: ZAO Korporaciya ‘Masternet’ (Moscow, Russia)

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 contested decision in so far as it upholds the appeal in part and declares the CTM registration No 4675881 invalid for the following goods:






  — | Class 7: Equipment and tools; parts of cutting and polishing diamond machines; bits and cutting wheels for the following industries; marble, granite, stone, clay, slabs, tiles and brick, and, in general terms, cutting tools as parts of equipment included in Class 7. |
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Annul the contested decision in so far as it upholds the appeal in part and declares the CTM registration No 4675881 invalid for the following goods:

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Class 7: Equipment and tools; parts of cutting and polishing diamond machines; bits and cutting wheels for the following industries; marble, granite, stone, clay, slabs, tiles and brick, and, in general terms, cutting tools as parts of equipment included in Class 7.

Equipment and tools; parts of cutting and polishing diamond machines; bits and cutting wheels for the following industries; marble, granite, stone, clay, slabs, tiles and brick, and, in general terms, cutting tools as parts of equipment included in Class 7.

| — | Class 8: Hand held abrasive items (wheels and grinding wheels). |
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Class 8: Hand held abrasive items (wheels and grinding wheels).

Hand held abrasive items (wheels and grinding wheels).

| — | Order OHIM to pay the costs. |
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Order OHIM 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 ‘STAYER’ — Community trade mark registration No 4 675 881

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: The other party to the proceedings before the Board of Appeal

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

Grounds for the application for a declaration of invalidity: The grounds for the request for a declaration of invalidity were those of Article 53(1)(a) in conjunction with Article 8(1)(b) of Council Regulation No 207/2009

Grounds for the application for a declaration of invalidity:

Decision of the Cancellation Division: Rejected the request for invalidity in its entirety

Decision of the Cancellation Division:

Decision of the Board of Appeal: Partially upheld the appeal.

Decision of the Board of Appeal:

Pleas in law: Infringement of Articles 76(2), 15 and 8(1)(b) of Council Regulation No 207/2009.

Pleas in law:

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