CELEX: 62013TN0374
Language: en
Date: 2013-07-17 00:00:00
Title: Case T-374/13: Action brought on 17 July 2013 — Moonlight v OHIM — Lampenwelt (Moon)

21.9.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 274/19
            
         Action brought on 17 July 2013 — Moonlight v OHIM — Lampenwelt (Moon)
   (Case T-374/13)
   2013/C 274/32
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Moonlight GmbH (Wehr, Germany) (represented by: H. Börjes-Pestalozza and M. Nielen, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Lampenwelt GmbH & Co. KG (Schlitz, Germany)
   
      Form of order sought
   
   
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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) (OHIM) of 13 May 2013 in Case R 676/2012-4 and require OHIM to dismiss the application for a declaration of invalidity in respect of Community trade mark No 6 084 081;
            
         
               —
            
            
               order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘Moon’ for goods in Class 11 — Community trade mark No 6 084 081
   
      Proprietor of the Community trade mark: Moonlight GmbH
   
      Applicant for the declaration of invalidity of the Community trade mark: Lampenwelt GmbH & Co. KG
   
      Grounds for the application for a declaration of invalidity: Absolute grounds for invalidity under Article 52(1)(a) and (b) of Regulation No 207/2009
   
      Decision of the Cancellation Division: Application for a declaration of invalidity granted
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009