Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 22.9.2014 | EN | Official Journal of the European Union | C 329/23 |

---

Action brought on 16 July 2014 — Klass v OHIM — F. Smit (PLAYSEAT) (PLAYSEATS)

(Case T-540/14)

2014/C 329/32

Language in which the application was lodged: German

Parties

Applicant: Oliver Klass (Remscheid, Germany) (represented by: U. Bender, lawyer)

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

Other party to the proceedings before the Board of Appeal: F. Smit Holding BV (Doetinchem, Netherlands)

Form of order sought

The applicant claims that the Court should:

|  |  |
| --- | --- |
| — | Alter the decisions of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2014 in Cases R 1616/2013-4 and R 1834/2013-4 to the effect that both of the applications for a declaration of invalidity of 31 July 2012 are granted; |

|  |  |
| --- | --- |
| — | Order the defendant and the other party 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: the word marks ‘PLAYSEAT’ and ‘PLAYSEATS’ for goods in Class 9 — Community trade marks No 7 5 95  184 and No 8 8 42  254

Proprietor of the Community trade mark: F. Smit Holding BV

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

Grounds for the application for a declaration of invalidity: the absolute grounds for invalidity in Article 52(1)(a) of Regulation No 207/2009 in conjunction with Article 7(1)(b) and (c) thereof

Decision of the Cancellation Division: the applications for a declaration of invalidity were rejected

Decision of the Board of Appeal: the appeals were dismissed

Pleas in law: Infringement of Article 52(1)(a) of Regulation No 207/2009 in conjunction with Article 7(1)(b) and (c) thereof

---

[Top](#document1)