Source: EURLEX
Language: en
Format: md

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| 4.4.2009 | EN | Official Journal of the European Union | C 82/28 |

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Action brought on 19 January 2009 — Stella Kunststofftechnik v OHIM

(Case T-27/09)

(2009/C 82/50)

Language in which the application was lodged: German

Parties

Applicant: Stella Kunststofftechnik GmbH (Eltville, Germany) (represented by: M. Beckensträter, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Stella Pack Sp. z o. o. (Lubartow, Republic of Poland)

Form of order sought

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| — | annul the decision of the Fourth Board of Appeal of 13 November 2008, notified on 19 November 2008, and hold that the application of 22 December 2006 for a declaration of revocation ought to have been dismissed as being inadmissible; |

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| — | in the alternative, suspend the decision on the application for a declaration of revocation of 22 December 2006 until the opposition proceedings in opposition B 863177 have been concluded in law, and at the same time annul the decision of 13 November 2008 and that of the Cancellation Division of 27 February 2008; |

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| — | order the intervener to pay the recoverable costs, including those of the initial proceedings and of the defendant. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of revocation has been sought: the word mark ‘Stella’ for goods in Classes 6, 8, 16, 20 and 21 (Community trade mark No 15 479)

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of revocation: Stella Pack Sp. z o. o

Decision of the Cancellation Division: declaration of revocation of the Community trade mark concerned for certain goods in Classes 6, 8, 16 and 20

Decision of the Board of Appeal: dismissal of the applicant's appeal

Pleas in law: Failure to have regard for the conditions governing admissibility in Regulation (EC) No 40/94[(1)](#ntr1-C_2009082EN.01002801-E0001) and Regulation (EC) No 2868/95[(2)](#ntr2-C_2009082EN.01002801-E0002) which must automatically be complied with in proceedings for a declaration of revocation.

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