Source: EURLEX
Language: en
Format: md

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| 22.3.2014 | EN | Official Journal of the European Union | C 85/20 |

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Action brought on 2 December 2013 — Wolverine International v OHIM — BH Stores (cushe)

(Case T-642/13)

2014/C 85/34

Language in which the application was lodged: English

Parties

Applicant: Wolverine International, LP (Grand Cayman, Cayman Islands) (represented by: M. Plesser and R. Heine, lawyers)

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

Other party to the proceedings before the Board of Appeal: BH Stores BV (Curaçao, Netherlands Antilles)

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 Harmonization in the Internal Market (Trade Marks and Designs) of 30 September 2013 given in Case R 1269/2012-4; |

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| — | Reject the request for a declaration of invalidity; |

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| — | Order the defendant to bear the costs of proceedings. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark containing the verbal element ‘cushe’ for goods in Class 25 — International Registration No 859 087 designating the European Union

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: Likelihood of confusion pursuant to Article 53(1)(a) in conjunction with Article 8(1)(b) CTMR

Decision of the Cancellation Division: Rejected the application for a declaration of invalidity

Decision of the Board of Appeal: Annulled the contested decision and declared the contested IR designating the European Union invalid

Pleas in law: Infringement of Article 8(1)(b) and Article 57(2) and (3) CTMR

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