Source: EURLEX
Language: en
Format: md

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| 4.8.2014 | EN | Official Journal of the European Union | C 253/43 |

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Action brought on 23 May 2014 — Experience Hendrix v OHIM — JH Licence (Jimi Hendrix)

(Case T-357/14)

2014/C 253/57

Language in which the application was lodged: English

Parties

Applicant: Experience Hendrix LLC (Tukwila, USA) (represented by: M. Vanhegan, Barrister, and P. Gardiner, Solicitor)

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

Other party to the proceedings before the Board of Appeal: JH Licence GmbH (Pommelsbrunn, 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 24 March 2014 in Case R 782/2012-4; |

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| — | declare that the contested community trade mark is invalid; |

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| — | order that the community trade mark proprietor pays the applicant its costs incurred before the Cancellation Division; |

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| — | order that the defendant pays the applicant its costs incurred before the Board of Appeal and the General Court |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘Jimi Hendrix’ for goods and services in Classes 9 and 15 — Community trade mark registration No 4 6 26  685

Proprietor of the Community trade mark: JH Licence GmbH

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

Grounds for the application for a declaration of invalidity: Violation of Articles 52(1)(b) and 53(2)(a) of Regulation No 207/2009

Decision of the Cancellation Division: The community trade mark was declared invalid

Decision of the Board of Appeal: The decision of the Cancellation Division was annulled and the request for declaration of invalidity rejected

Pleas in law:

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| — | Violation of Article 52(1)(b) of Regulation No 207/2009; |

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| — | Violation of Article 53(2)(a) and Article 78 of Regulation No 207/2009; |

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| — | Violation of Article 53(2)(a) of Regulation No 207/2009. |

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