Judgment — ECLI:EU:T:2015:801
Date: 2015-10-23
Language of the case: German
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Action brought on 26 November 2013 – TrekStor v OHIM – MSI Technology (MovieStation) (Case T-636/13) Language in which the application was lodged: German Parties Applicant: TrekStor Ltd (Hong Kong, China) (represented by: O. Spieker, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: MSI Technology GmbH (Frankfurt am Main, Germany) Form of order sought The applicant claims that the Court should: Alter the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 27 September 2013 (Case R 1914/2012-4) to the effect that MSI Technology GmbH’s application of 20 June 2011 for a declaration of invalidity of the Community trade mark ‘MovieStation’ is rejected and that MSI Technology GmbH is ordered to pay the costs of that application; Order the defendant to pay the costs of the action before the Court. Pleas in law and main arguments Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘MovieStation’ for goods in Class 9 – Community trade mark No 5 743 257 Proprietor of the Community trade mark: the applicant Applicant for the declaration of invalidity of the Community trade mark: MSI Technology GmbH 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 No 207/2009