CELEX: 62013TN0071
Language: en
Date: 2013-02-07 00:00:00
Title: Case T-71/13: Action brought on 7 February 2013 — Anapurna/OHIM — Annapurna (ANNAPURNA)

6.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 101/25
            
         Action brought on 7 February 2013 — Anapurna/OHIM — Annapurna (ANNAPURNA)
   (Case T-71/13)
   2013/C 101/54
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Anapurna GmbH (Berlin, Germany) (represented by: P. Ehrlinger and T. Hagen, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Annapurna SpA (Prato, Italy)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               Set aside the contested decision of the Fifth Board of Appeal of OHMI of 3 December 2012, inasmuch as it upheld the registration of Community trademark No 001368166 ‘ANNAPURNA’, and did not declare it null and void, for the goods ‘bags’ (class 18), ‘bed covers and bed linen’ (class 24) and ‘articles of clothing, headgear, slippers’ (class 25);
            
         
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               Order the intervening party to pay the costs of the proceedings including the costs incurred during the course of the appeal proceedings;
            
         
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               Request the defendant to produce the evidence of use (‘Exhibits’) submitted by the intervening party within the framework of the nullity proceedings.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which an application for revocation has been made: The word mark ‘ANNAPURNA’ for goods in classes 3, 18, 24 and 25 — Community trade mark application No 1 368 166
   
      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: Revoked the Community trade mark in part
   
      Decision of the Board of Appeal: Annulled the contested decision in part and revoked the Community trade mark for further goods
   
      Pleas in law: Infringement of Article 51(1)(a) of Council Regulation No 207/2009.