CELEX: 62013TN0230
Language: en
Date: 2013-04-22 00:00:00
Title: Case T-230/13: Action brought on 22 April 2013 — HTC Sweden/OHIM — Vermop Salmon (TWISTER)

22.6.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 178/15
            
         Action brought on 22 April 2013 — HTC Sweden/OHIM — Vermop Salmon (TWISTER)
   (Case T-230/13)
   2013/C 178/26
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: HTC Sweden AB (Söderköping, Sweden) (represented by: G. Hasselblatt and D. Kipping, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Vermop Salmon GmbH (Gilching, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Overturn the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 January 2013, joined Cases R 1873/2011-1 and R 1881/2011-1;
            
         
               —
            
            
               Order OHIM to bear its own costs as well as the costs of the applicant.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark ‘TWISTER’ for goods in classes 3, 7 and 21 — Community trade mark registration No 4 617 932
   
      Proprietor of the Community trade mark: The applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Grounds for the application for a declaration of invalidity: The application of invalidity was based on Articles 53(1)(a) and 8 (1)(b) of Council Regulation No 207/2009
   
      Decision of the Cancellation Division: Declared the contested Community trade mark partially invalid
   
      Decision of the Board of Appeal: Dismissed the appeal partially
   
      Pleas in law: Infringement of Article 7(1)(c) of Council Regulation No 207/2009.