CELEX: 62013TN0431
Language: en
Date: 2013-08-19 00:00:00
Title: Case T-431/13: Action brought on 19 August 2013 — Métropole Gestion v OHIM — Metropol (METROPOL)

23.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 344/57
            
         Action brought on 19 August 2013 — Métropole Gestion v OHIM — Metropol (METROPOL)
   (Case T-431/13)
   2013/C 344/103
   Language in which the application was lodged: French
   
      Parties
   
   
      Applicant: Métropole Gestion (Paris, France) (represented by: M.-A. Roux Steinkühler, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Metropol Investment Financial Company Ltd (Moscow, Russia)
   
      Form of order sought
   
   
               —
            
            
               Declare the action admissible and well-founded, and, as a consequence;
            
         
               —
            
            
               Annul in part the contested decision, in that it refused to declare the invalidity of the Community trade mark at issue based on the marks Nos 02 3 167 081, No 02 3 167 084 and No 794 040, and the other unregistered signs;
            
         
               —
            
            
               Uphold the contested decision, in that it declared the invalidity in part of mark No 3 590 981 on the basis of the earlier mark No 02 3 143 685;
            
         
               —
            
            
               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 ‘METROPOL’ for the goods and services in Classes 9, 35, 36 and 42 — Community trade mark No 3 590 981
   
      Proprietor of the Community trade mark: Metropol Investment Financial Company Ltd
   
      Applicant for the declaration of invalidity of the Community trade mark: The applicant
   
      Grounds for the application for a declaration of invalidity: National word mark ‘METROPOLE’ and national and international figurative marks ‘METROPOLE gestion’ for the services in Class 36
   
      Decision of the Cancellation Division: The application is rejected in part
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 53(1)(a) and of Article 8(1)(b) of Regulation No 207/2009.