Source: EURLEX
Language: en
Format: md

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| 20.7.2013 | EN | Official Journal of the European Union | C 207/37 |

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Action brought on 23 April 2013 — Atmeh v OHIM — Fretier (MONTALE MTL MONTALE Dezign)

(Case T-239/13)

2013/C 207/61

Language in which the application was lodged: French

Parties

Applicant: Ammar Atmeh (Diera-Duba, United Arab Emirates) (represented by: A. Berthet, lawyer)

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

Other party to the proceedings before the Board of Appeal: Sylvie Fretier (Paris, France)

Form of order sought

The applicant claims that the Court should:

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| — | declare the present action to be admissible; |

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| — | Alter the decision of the Fourth Board of Appeal of OHIM of 14 February 2013 in Joined Cases R 1482/2011-4 and R 1571/2011-4 and suspend the annulment proceedings against the Community trade mark MONTALE MTL MONTALE Dezign No 003 874 807 submitted on 16 June 2004 by Mr Ammar Atmeh pending a definitive ruling on the application for a declaration of invalidity and for revocation of the trade marks of Ms Fretier pending before the Tribunal de Grande Instance de Paris; |

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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: Figurative mark including the word elements ‘MONTALE MTL MONTALE Dezign’ for goods and services in Class 3 — Community trade mark No 3 874 807

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: Sylvie Fretier

Grounds for the application for a declaration of invalidity: National figurative mark including the word elements ‘PIERRE MONTALE MONTALE M’ and national figurative mark and international registration including the word elements ‘MTL MONTALE’ for goods in Class 3

Decision of the Cancellation Division: The application for invalidity is granted

Decision of the Board of Appeal: The action brought by the applicant is dismissed and the action brought by Sylvie Fretier is declared inadmissible

Pleas in law: Infringement of Rule 20 of Regulation No 2868/95 and of the principle of sound administration of justice

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