CELEX: 62014TN0364
Language: en
Date: 2014-05-23 00:00:00
Title: Case T-364/14: Action brought on 23 May 2014  — Penny-Markt v OHIM — Boquoi Handels (B! O)

11.8.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 261/32
            
         Action brought on 23 May 2014 — Penny-Markt v OHIM — Boquoi Handels (B! O)
   (Case T-364/14)
   2014/C 261/56
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Penny-Markt GmbH (Cologne, Germany) (represented by: M. Kinkeldey, S. Brandstätter and A. Wagner, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Boquoi Handels OHG (Straelen, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 March 2014 in Case R 1201/2013-4;
            
         
               —
            
            
               Order the defendant 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 including the word element ‘B! O’ for goods in Classes 29, 30, 31 and 32 — Community trade mark No 10 038 008
   
      Proprietor of the Community trade mark: the applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: Boquoi Handels OHG
   
      Grounds for the application for a declaration of invalidity: the national and Community trade mark ‘bo’ for goods and services in Classes 5, 16, 21, 29, 31, 32, 33 and 35
   
      Decision of the Cancellation Division: the application for a declaration of invalidity was rejected
   
      Decision of the Board of Appeal: the decision of the Cancellation Division was annulled and the Community trade mark was declared invalid
   
      Pleas in law: Infringement of Articles 8(1)(b) and 53(1)(a) of Regulation No 207/2009