Source: EURLEX
Language: en
Format: md

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| 23.3.2013 | EN | Official Journal of the European Union | C 86/23 |

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Action brought on 22 January 2013 — Exakt Advanced Technologies v OHIM — Exakt Precision Tools (EXAKT)

(Case T-37/13)

2013/C 86/38

Language in which the application was lodged: German

Parties

Applicant: Exakt Advanced Technologies GmbH (Norderstedt, Germany) (represented by: A. von Bismarck, lawyer)

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

Other party to the proceedings before the Board of Appeal: Exakt Precision Tools Ltd (Aberdeen, United Kingdom)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 October 2012 in Case R 1764/2011-1; |

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| — | 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 including the word element ‘EXAKT’ for goods and services in Classes 7, 9 and 37 — Community trade mark No 3 996 592

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: Exakt Precision Tools Ltd

Grounds for the application for a declaration of invalidity: the figurative mark including the word element ‘EXAKT’ for goods in Classes 7, 8 and 9

Decision of the Cancellation Division: the application was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009

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