CELEX: 62012TN0538
Language: en
Date: 2012-12-13 00:00:00
Title: Case T-538/12: Action brought on 13 December 2012 — Optilingua holding SA v OHIM — Esposito (ALPHATRAD)

9.2.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 38/26
            
         Action brought on 13 December 2012 — Optilingua holding SA v OHIM — Esposito (ALPHATRAD)
   (Case T-538/12)
   2013/C 38/47
   Language in which the application was lodged: French
   
      Parties
   
   
      Applicant: Optilingua holding SA (Epalinges, Switzerland) (represented by: S. Rizzo, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Michele Esposito (Cava de’ Tirreni SA, Italy)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 October 2012 in Case R 444/2011-1;
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which an application for revocation has been made: Figurative mark including the word element ‘ALPHATRAD’ for services in Classes 35, 38, 41 and 42 — Community trade mark No 617 316
   
      Proprietor of the Community trade mark: The applicant
   
      Party applying for revocation of the Community trade mark: Esposito
   
      Decision of the Cancellation Division: The application for revocation is upheld
   
      Decision of the Board of Appeal: The appeal is dismissed
   
      Pleas in law: Infringement of Article 15(1)(2)(a), in conjunction with Article 51(1)(a) of Regulation No 207/2009