Source: EURLEX
Language: en
Format: md

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| 7.5.2011 | EN | Official Journal of the European Union | C 139/23 |

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Action brought on 10 March 2011 — pelicantravel.com v OHIM — Pelikan (Pelikan)

(Case T-136/11)

2011/C 139/44

Language in which the application was lodged: Slovak

Parties

Applicant: pelicantravel.com (Bratislava, Slovak Republic) (represented by: M. Chlipala, lawyer)

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

Other party to the proceedings before the Board of Appeal: Pelikan Vertriebsgesellschaft mbH & Co. KG (Hannover, Germany)

Form of order sought

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| — | Annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 December 2010 in Case R 1428/2009-2; |

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| — | Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) 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 trade mark “Pelikan” for services in Classes 35 and 39 (Community trade mark no 3 325 941).

Proprietor of the Community trade mark: Pelikan Vertriebsgesellschaft mbH & Co. KG

Applicant for the declaration of invalidity of the Community trade mark: The Applicant

Grounds for the application for a declaration of invalidity: The applicant was acting in bad faith when filing the application for the trade mark [Article 52(1)(b) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2011139EN.01002302-E0001)].

Decision of the Cancellation Division: Application for declaration of invalidity dismissed.

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 52(1)(b) of Regulation No 207/2009, inasmuch as OHIM incorrectly assessed the facts, evidence and law, and thereby came to the incorrect conclusion that the trade mark in question was not lodged in bad faith.

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