Source: EURLEX
Language: en
Format: md

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| 30.11.2013 | EN | Official Journal of the European Union | C 352/16 |

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Action brought on 18 September 2013 — ASPA v OHIM — Banco Bilbao Vizcaya Argentaria (ARGENTARIA)

(Case T-502/13)

2013/C 352/31

Language in which the application was lodged: English

Parties

Applicant: Argenta Spaarbank NV (ASPA) (Antwerp, Belgium) (represented by: K. De Winter and M. De Vroey, lawyers)

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

Other party to the proceedings before the Board of Appeal: Banco Bilbao Vizcaya Argentaria, SA (Madrid, Spain)

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 15 July 2013 given in Case R 1581/2011-4. |

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: The word mark ‘ARGENTARIA’ for goods and services in Classes 1 to 42 — Community trade mark No 159 707

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

Party applying for revocation of the Community trade mark: The applicant

Decision of the Cancellation Division: Declared the cancellation proceedings closed following the surrender of the contested services by the CTM proprietor

Decision of the Board of Appeal: Dismissed the appeal as inadmissible

Pleas in law: Infringement of Articles 51 (1)(a) and 80 CTMR.

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