Source: EURLEX
Language: en
Format: md

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| 23.3.2013 | EN | Official Journal of the European Union | C 86/26 |

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Action brought on 25 January 2013 — Think Schuhwerk v OHIM — Müller (VOODOO)

(Case T-50/13)

2013/C 86/43

Language in which the application was lodged: German

Parties

Applicant: Think Schuhwerk GmbH (Kopfing, Austria) (represented by: M. Gail, lawyer)

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

Other party to the proceedings before the Board of Appeal: Andreas Müller (Ulm, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 November 2012 in Case R 474/2012-4; |

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| — | Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) 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 mark ‘VOODOO’ for goods in Class 25 — Community trade mark No 5 832 464

Proprietor of the Community trade mark: Andreas Müller

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

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

Decision of the Cancellation Division: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

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

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