CELEX: 62013TN0254
Language: en
Date: 2013-05-06 00:00:00
Title: Case T-254/13: Action brought on 6 May 2013 — Stayer Ibérica/OHIM — Korporaciya Masternet (STAYER)

20.7.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 207/40
            
         Action brought on 6 May 2013 — Stayer Ibérica/OHIM — Korporaciya ‘Masternet’ (STAYER)
   (Case T-254/13)
   2013/C 207/68
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Stayer Ibérica, SA (Pinto, Spain) (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: ZAO Korporaciya ‘Masternet’ (Moscow, Russia)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the contested decision in so far as it upholds the appeal in part and declares the CTM registration No 4675881 invalid for the following goods:
               
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                           Class 7: Equipment and tools; parts of cutting and polishing diamond machines; bits and cutting wheels for the following industries; marble, granite, stone, clay, slabs, tiles and brick, and, in general terms, cutting tools as parts of equipment included in Class 7.
                           
                        
                     
                           —
                        
                        
                           Class 8: Hand held abrasive items (wheels and grinding wheels).
                           
                        
                     
         
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               Order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark ‘STAYER’ — Community trade mark registration No 4 675 881
   
      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 grounds for the request for a declaration of invalidity were those of Article 53(1)(a) in conjunction with Article 8(1)(b) of Council Regulation No 207/2009
   
      Decision of the Cancellation Division: Rejected the request for invalidity in its entirety
   
      Decision of the Board of Appeal: Partially upheld the appeal.
   
      Pleas in law: Infringement of Articles 76(2), 15 and 8(1)(b) of Council Regulation No 207/2009.