Source: EURLEX
Language: en
Format: md

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| 21.9.2013 | EN | Official Journal of the European Union | C 274/19 |

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Action brought on 17 July 2013 — Moonlight v OHIM — Lampenwelt (Moon)

(Case T-374/13)

2013/C 274/32

Language in which the application was lodged: German

Parties

Applicant: Moonlight GmbH (Wehr, Germany) (represented by: H. Börjes-Pestalozza and M. Nielen, lawyers)

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

Other party to the proceedings before the Board of Appeal: Lampenwelt GmbH & Co. KG (Schlitz, Germany)

Form of order sought

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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) (OHIM) of 13 May 2013 in Case R 676/2012-4 and require OHIM to dismiss the application for a declaration of invalidity in respect of Community trade mark No 6 084 081; |

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| — | order OHIM to pay the costs. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘Moon’ for goods in Class 11 — Community trade mark No 6 084 081

Proprietor of the Community trade mark: Moonlight GmbH

Applicant for the declaration of invalidity of the Community trade mark: Lampenwelt GmbH & Co. KG

Grounds for the application for a declaration of invalidity: Absolute grounds for invalidity under Article 52(1)(a) and (b) of Regulation No 207/2009

Decision of the Cancellation Division: Application for a declaration of invalidity granted

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009

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