Judgment — ECLI:EU:T:2014:1022
Date: 2014-12-04
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 16 September 2013 – Sales & Solutions v OHIM – Inceda Holding (watt) (Case T-494/13) Language in which the application was lodged: German Parties Applicant: Sales & Solutions (Frankfurt am Main, Germany) (represented by: K. Gründig-Schnelle, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Inceda Holding (Cologne, Germany) Form of order sought The applicant claims that the Court should: Annul the contested decision of the Fourth Board of Appeal of OHIM of 15 July 2013 in appeal proceedings R 1192/2012-4; Order the intervener to pay the costs including those incurred in the course of the appeal proceedings. Pleas in law and main arguments Registered Community trade mark in respect of which a declaration of invalidity has been sought: the figurative mark ‘watt’ for services in Classes 35, 39 and 42 – Community trade mark No 3 820 313 Proprietor of the Community trade mark: the applicant Applicant for the declaration of invalidity of the Community trade mark: Inceda Holding Grounds for the application for a declaration of invalidity: Article 52(1)(a) in conjunction with Article 7(1)(b), (c) and (d) of Regulation No 207/2009 Decision of the Cancellation Division: the mark concerned was declared invalid Decision of the Board of Appeal: the appeal was dismissed Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009