Source: EURLEX
Language: en
Format: md

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| 1.3.2014 | EN | Official Journal of the European Union | C 61/15 |

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Action brought on 27 December 2013 — Steinbeck v OHIM — Alfred Sternjakob (BE HAPPY)

(Case T-709/13)

2014/C 61/27

Language in which the application was lodged: German

Parties

Applicant: Steinbeck GmbH (Fulda, Germany) (represented by: M. Heinrich and M. Fischer, lawyers)

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

Other party to the proceedings before the Board of Appeal: Alfred Sternjakob GmbH & Co. KG (Frankenthal, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 October 2013 in Case R 32/2013-1; |

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| — | Order the defendant to pay the costs including those incurred in the course of the appeal proceedings. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘BE HAPPY’ for goods in Classes 16, 21, 28 and 30 — Community trade mark No 5 310 057

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: Alfred Sternjakob GmbH & Co. KG

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

Decision of the Cancellation Division: the application for a declaration of invalidity was granted

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009

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