Source: EURLEX
Language: en
Format: md

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| 25.5.2013 | EN | Official Journal of the European Union | C 147/27 |

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Action brought on 21 March 2013 — Benelli Q.J./OHIM — Demharter (MOTOBI)

(Case T-170/13)

2013/C 147/49

Language in which the application was lodged: English

Parties

Applicant: Benelli Q.J. Srl (Pesaro, Italy) (represented by: P. Lukácsi, lawyer)

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

Other party to the proceedings before the Board of Appeal: Demharter GmbH (Dillingen, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | Alter the defendant’s decision and order the dismissal of the application for revocation filed by the cancellation applicant; |

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| — | Annul the defendant’s decision and remit the case to OHIM for further examination and a new decision should the Court consider that it is inevitable to conduct another thorough analysis of the evidence of genuine use; |

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| — | Order the defendant to pay the applicant’s costs. |

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: The word mark ‘MOTOBI’ for goods in class 12 — Community trade mark registration No 835 264

Proprietor of the Community trade mark: The applicant

Party applying for revocation of the Community trade mark: The other party to the proceedings before the Board of Appeal

Decision of the Cancellation Division: Revoked the Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 51(1)(a) of Council Regulation No 207/2009.

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