Source: EURLEX
Language: en
Format: md

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| 12.5.2014 | EN | Official Journal of the European Union | C 142/53 |

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Action brought on 21 March 2014 — Atlantic Multipower Germany v OHIM — Nutrichem Diät + Pharma (NOxtreme)

(Case T-186/14)

2014/C 142/68

Language in which the application was lodged: German

Parties

Applicant: Atlantic Multipower Germany GmbH & Co. OHG (Hamburg, Germany) (represented by: W. Berlit, lawyer)

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

Other party to the proceedings before the Board of Appeal: Nutrichem Diät + Pharma GmbH (Roth, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 January 2014 in Case R 764/2013-4; |

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| — | Annul the decision of the Cancellation Division of 12 April 2013 (filing No: 6333C); |

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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 word mark ‘NOxtreme’ for goods in Classes 5, 29, 30 and 32 — Community trade mark No 10 177 889

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: Nutrichem Diät + Pharma GmbH

Grounds for the application for a declaration of invalidity: the national and Community figurative marks, including the word element ‘X-TREME’, for goods in Classes 5, 29 and 32

Decision of the Cancellation Division: the application for a declaration of invalidity was granted

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law:

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| — | Infringement of Article 57(2) and (3) in conjunction with Article 42(2) and (3) of Regulation No 207/2009; |

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| — | Infringement of Article 8(1)(b) of Regulation No 207/2009 |

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