Judgment — ECLI:EU:T:2015:297
Date: 2015-05-21
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Romania

Action brought on 22 August 2014 – Urb Rulmenti Suceava v OHIM - Adiguzel (URB) (Case T-635/14) Language in which the application was lodged: English Parties Applicant: Urb Rulmenti Suceava SA (Suceava, Romania) (represented by: I. Burdusel, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Harun Adiguzel (Diosd, Hungary) Form of order sought The applicant claims that the Court should: Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 June 2014 given in Case R 1974/2013-4. Pleas in law and main arguments Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark containing the verbal element “URB” for goods and services in Classes 4, 6-9, 11, 12, 16, 17, 35, 37 and 39-42 – the Community trade mark No 8 656 605 Proprietor of the Community trade mark: The party to the proceedings before the Board of Appeal Applicant for the declaration of invalidity of the Community trade mark: The applicant Grounds for the application for a declaration of invalidity: Absolute grounds for invalidity under Article 52(1)(b) CTMR and relative grounds for invalidity under Article 8(1)(a) and (b) in conjunction with Article 53(1)(a) CTMR Decision of the Cancellation Division: Rejected the request for a declaration of invalidity Decision of the Board of Appeal: Dismissed the appeal Pleas in law: Infringement of Article 52(1)(b) CTMR, Article 8(1)(a) and (b) in conjunction with Article 53(1)(a) CTMR and Article 53(2) CTMR.