CELEX: 62013TN0518
Language: en
Date: 2013-09-23 00:00:00
Title: Case T-518/13: Action brought on 23 September 2013 — Future Enterprises v OHIM — McDonald's International Property (MACCOFFEE)

30.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 352/19
            
         Action brought on 23 September 2013 — Future Enterprises v OHIM — McDonald's International Property (MACCOFFEE)
   (Case T-518/13)
   2013/C 352/36
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Future Enterprises Pte Ltd (Singapore, Singapore) (represented by: J. Olsen, B. Hitchens, R. Sharma and M. Henshall, Solicitors)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: McDonald’s International Property Co. Ltd (Wilmington, United States)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 June 2013 given in Case R 1178/2012-1; and
            
         
               —
            
            
               Order the defendant to pay the costs of proceedings.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘MACCOFFEE’ for goods in Classes 29, 30 and 32 — Community trade mark registration No 7 307 382
   
      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 were those laid down in Article 53(1)(a) in conjunction with Articles 8(1)(a) and (b), 8(2)(c) and 8(5) CTMR
   
      Decision of the Cancellation Division: Upheld the request for invalidity in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(5) CTMR.