Source: EURLEX
Language: en
Format: md

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| 25.1.2014 | EN | Official Journal of the European Union | C 24/28 |

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Action brought on 7 November 2013 — Deutsche Rockwool Mineralwoll v OHIM — A. Weber (JETROC)

(Case T-588/13)

2014/C 24/51

Language in which the application was lodged: English

Parties

Applicant: Deutsche Rockwool Mineralwoll GmbH & Co. OHG (Gladbeck, Germany) (represented by: J. Krenzel, lawyer)

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

Other party to the proceedings before the Board of Appeal: A. Weber SA (Rouhling, France)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 June28 August 2013 given in Case R 257/2013-2 |

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| — | Order the defendant to bear the costs of 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 ‘JETROC’ for goods in Classes 1, 17 and 19 — International Registration No 940 180 designating the European Union

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: Likelihood of confusion pursuant to Article 53(1)(a) in conjunction with 8(1)(b) CTMR

Decision of the Cancellation Division: Rejected the application for a declaration of invalidity

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) CTMR.

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