Source: EURLEX
Language: en
Format: md

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| 20.7.2013 | EN | Official Journal of the European Union | C 207/50 |

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Action brought on 15 May 2013 — Now Wireless/OHIM — Starbucks (HK) (now)

(Case T-278/13)

2013/C 207/82

Language in which the application was lodged: English

Parties

Applicant: Now Wireless Ltd (Guildford, United Kingdom) (represented by: T. Alkin, Barrister)

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

Other party to the proceedings before the Board of Appeal: Starbucks (HK) Ltd (Hong Kong, China)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the contested decision; and |

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| — | Order Community Trade Mark Registration No 1421700 to be revoked on grounds of non-use; |

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| — | Order the registered proprietor to pay the costs incurred by the applicant. |

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: The figurative mark containing the word element ‘now’ for services in classes 35, 41 and 42 — Community trade mark No 1 421 700

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Party applying for revocation of the Community trade mark: The applicant

Decision of the Cancellation Division: Partially revoked the Community trade mark registration

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 51(1)(a) and (2) of Council Regulation No 207/2009.

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