CELEX: 62013TN0278
Language: en
Date: 2013-05-15 00:00:00
Title: Case T-278/13: Action brought on 15 May 2013 — Now Wireless/OHIM — Starbucks (HK) (now)

20.7.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 207/50
            
         Action brought on 15 May 2013 — Now Wireless/OHIM — Starbucks (HK) (now)
   (Case T-278/13)
   2013/C 207/82
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Now Wireless Ltd (Guildford, United Kingdom) (represented by: T. Alkin, Barrister)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Starbucks (HK) Ltd (Hong Kong, China)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the contested decision; and
            
         
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               Order Community Trade Mark Registration No 1421700 to be revoked on grounds of non-use;
            
         
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               Order the registered proprietor to pay the costs incurred by the applicant.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which an application for revocation has been made: The figurative mark containing the word element ‘now’ for services in classes 35, 41 and 42 — Community trade mark No 1 421 700
   
      Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Party applying for revocation of the Community trade mark: The applicant
   
      Decision of the Cancellation Division: Partially revoked the Community trade mark registration
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 51(1)(a) and (2) of Council Regulation No 207/2009.