Source: EURLEX
Language: en
Format: md

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| 28.7.2014 | EN | Official Journal of the European Union | C 245/16 |

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Action brought on 3 April 2014 — Klement v OHIM — Bullerjan (Form of an oven)

(Case T-211/14)

2014/C 245/22

Language in which the application was lodged: English

Parties

Applicant: Toni Klement (Dippolddiswalde, Germany) (represented by: J. Weiser, lawyer)

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

Other party to the proceedings before the Board of Appeal: Bullerjan GmbH (Isernhagen-Kirchhorst, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | Alter the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 January 2014 in Case R 927/2013-1, so that the appeal brought by the applicant is upheld and CTM 3 7 23  822 is revoked in its entirety; |

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| — | In the alternative, annul the contested decision; |

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| — | Order OHIM, and as the case may be, the CTM proprietor/possible intervener to pay the costs for these proceedings and of the appeal procedure before OHIM. |

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: Three-dimensional mark representing an oven for goods in Class 11 — Community trade mark registration No 3 7 23  822

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Party applying for revocation of the Community trade mark: The applicant

Decision of the Cancellation Division: Rejected the application for revocation

Decision of the Board of Appeal: Dismissed the appeal

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

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