Source: EURLEX
Language: en
Format: md

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| 21.9.2013 | EN | Official Journal of the European Union | C 274/24 |

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Action brought on 2 August 2013 — TVR Automotive v OHIM — TVR Italia (TVR)

(Case T-398/13)

2013/C 274/40

Language of the case: German

Parties

Applicant: TVR Automotive Ltd (Whiteley, United Kingdom) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)

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

Other party to the proceedings before the Board of Appeal: TVR Italia Srl (Milan, Italy)

Form of order sought

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 May 2013 in Case R 823/2011-2; |

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| — | Dismiss the appeal of 14 April 2013 by TVR Italia Srl against the decision of the Opposition Division of OHIM of 14 February 2011, B 313 248; |

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| — | Order the defendant OHIM and TVR Italia Srl, if it joins the proceedings, to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: TVR Italia Srl

Community trade mark concerned: Figurative mark, containing the word elements ‘TVR ITALIA’, for goods and services in Classes 12, 25 and 37 — Community trade mark registration No 5 699 954

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Mark or sign cited in opposition: National and Community word marks ‘TVR’ for goods and services in Classes 9, 11, 12, 25 and 41.

Decision of the Opposition Division: Opposition partially upheld

Decision of the Board of Appeal: Annulment of the decision of the Opposition Division and rejection of the opposition

Pleas in law:

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

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| — | Infringement of the principle res iudicata or ne bis in idem and of Article 42(2) of Regulation No 207/2009, in conjunction with Article 15 of Regulation No 207/2009 |

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