Source: EURLEX
Language: en
Format: md

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| 23.11.2013 | EN | Official Journal of the European Union | C 344/61 |

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Action brought on 16 September 2013 — Sales & Solutions v OHIM — Inceda Holding (Watt)

(Case T-495/13)

2013/C 344/112

Language in which the application was lodged: German

Parties

Applicant: Sales & Solutions (Frankfurt am Main, Germany) (represented by: K. Gründig-Schnelle, lawyer)

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

Other party to the proceedings before the Board of Appeal: Inceda Holding (Cologne, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the contested decision of the Fourth Board of Appeal of OHIM of 15 July 2013 in appeal proceedings R 1193/2012-4; |

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| — | Order the intervener to pay the costs including the costs 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 ‘Watt’ for services in Classes 35, 39 and 42 — Community trade mark No 1 090 471

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: Inceda Holding

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

Decision of the Cancellation Division: the mark concerned was declared invalid

Decision of the Board of Appeal: the appeal was dismissed

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

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