Source: EURLEX
Language: en
Format: md

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| 28.7.2014 | EN | Official Journal of the European Union | C 245/24 |

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Action brought on 8 May 2014 — Rezon OOD v OHIM — mobile.international GmbH (mobile.de proMotor)

(Case T-337/14)

2014/C 245/32

Language in which the application was lodged: Bulgarian

Parties

Applicant: Rezon OOD (Sofia, Bulgaria) (represented by: P. Kanchev and T. Ignatova, lawyers)

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

Other party to the proceedings before the Board of Appeal: mobile.international GmbH (Dreilinden, Germany)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 February 2014 in Case R 950/2013-1; |

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| — | grant the applications made to the divisions and boards of appeal of OHIM; |

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| — | grant in its entirety the application for a declaration of invalidity of the Community trade mark mobile.international GmbH; |

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| — | order reimbursement of the applicant’s costs; |

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| — | order that experts be appointed to produce a written report on the evidential issues raised in the action. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘mobile.de proMotor’ for services in classes 35, 38, 41 and 42 — Community trade mark registration No 4 896 643.

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, Rezon OOD.

Grounds for the application for a declaration of invalidity: Relative ground for invalidity under Article 53(1) in conjunction with Article 8(1)(b) and (c) of Regulation No 207/2009.

Decision of the Cancellation Division: Application dismissed.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 78(1)(e) of Regulation No 207/2009, in conjunction with Article 76 thereof and with Rule 22(3) of Regulation No 2868/95; infringement of Article 53(1)(a) of Regulation No 207/2009; conflict, in the light of EU enlargement, between the Community trade mark registered subsequently and an earlier national trade mark.

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