Source: EURLEX
Language: en
Format: md

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| 9.2.2013 | EN | Official Journal of the European Union | C 38/26 |

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Action brought on 13 December 2012 — Optilingua holding SA v OHIM — Esposito (ALPHATRAD)

(Case T-538/12)

2013/C 38/47

Language in which the application was lodged: French

Parties

Applicant: Optilingua holding SA (Epalinges, Switzerland) (represented by: S. Rizzo, lawyer)

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

Other party to the proceedings before the Board of Appeal: Michele Esposito (Cava de’ Tirreni SA, Italy)

Form of order sought

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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 8 October 2012 in Case R 444/2011-1; |

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: Figurative mark including the word element ‘ALPHATRAD’ for services in Classes 35, 38, 41 and 42 — Community trade mark No 617 316

Proprietor of the Community trade mark: The applicant

Party applying for revocation of the Community trade mark: Esposito

Decision of the Cancellation Division: The application for revocation is upheld

Decision of the Board of Appeal: The appeal is dismissed

Pleas in law: Infringement of Article 15(1)(2)(a), in conjunction with Article 51(1)(a) of Regulation No 207/2009

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