Source: EURLEX
Language: en
Format: md

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| 25.1.2014 | EN | Official Journal of the European Union | C 24/34 |

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Action brought on 21 November 2013 — Australian Gold v OHIM — Effect Management & Holding (HOT)

(Case T-611/13)

2014/C 24/63

Language in which the application was lodged: English

Parties

Applicant: Australian Gold LLC (Indianapolis, United States) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)

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

Other party to the proceedings before the Board of Appeal: Effect Management & Holding GmbH (Vöcklabruck, Austria)

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 10 September 2013 given in Case R 1881/2012-4; |

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| — | Order the defendant and the other party before the Board of Appeal, should it intervene, to pay the cost of proceedings. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark containing the verbal element ‘HOT’ for goods in Classes 3, 5, 16 and 25 — International registration designating the European Union No 797 277

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

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

Grounds for the application for a declaration of invalidity: The grounds were those laid down in Article 52(1)(a) in conjunction with Article 7(1)(b)(c) CTMR

Decision of the Cancellation Division: Granted the application for a declaration of invalidity in part

Decision of the Board of Appeal: Dismissed the appeal in part

Pleas in law: Infringement of Article 52(1)(a) in conjunction with Article 7(1)(a)(b)(c) and Article 8(3) CTMR.

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