CELEX: 62013TN0636
Language: en
Date: 2013-11-26 00:00:00
Title: Case T-636/13: Action brought on 26 November 2013 — TrekStor v OHIM — MSI Technology (MovieStation)

8.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 39/24
            
         Action brought on 26 November 2013 — TrekStor v OHIM — MSI Technology (MovieStation)
   (Case T-636/13)
   2014/C 39/42
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: TrekStor Ltd (Hong Kong, China) (represented by: O. Spieker, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: MSI Technology GmbH (Frankfurt am Main, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Alter the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 27 September 2013 (Case R 1914/2012-4) to the effect that MSI Technology GmbH’s application of 20 June 2011 for a declaration of invalidity of the Community trade mark ‘MovieStation’ is rejected and that MSI Technology GmbH is ordered to pay the costs of that application;
            
         
               —
            
            
               Order the defendant to pay the costs of the action before the Court.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘MovieStation’ for goods in Class 9 — Community trade mark No 5743257
   
      Proprietor of the Community trade mark: the applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: MSI Technology GmbH
   
      Grounds for the application for a declaration of invalidity: Article 52(1)(a) in conjunction with Article 7(1)(b), (c) and (d) of Regulation No 207/2009
   
      Decision of the Cancellation Division: the mark concerned was declared invalid
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009