CELEX: 62014TN0357
Language: en
Date: 2014-05-23 00:00:00
Title: Case T-357/14: Action brought on 23 May 2014 — Experience Hendrix v OHIM — JH Licence (Jimi Hendrix)

4.8.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 253/43
            
         Action brought on 23 May 2014 — Experience Hendrix v OHIM — JH Licence (Jimi Hendrix)
   (Case T-357/14)
   2014/C 253/57
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Experience Hendrix LLC (Tukwila, USA) (represented by: M. Vanhegan, Barrister, and P. Gardiner, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: JH Licence GmbH (Pommelsbrunn, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 March 2014 in Case R 782/2012-4;
            
         
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               declare that the contested community trade mark is invalid;
            
         
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               order that the community trade mark proprietor pays the applicant its costs incurred before the Cancellation Division;
            
         
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               order that the defendant pays the applicant its costs incurred before the Board of Appeal and the General 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 ‘Jimi Hendrix’ for goods and services in Classes 9 and 15 — Community trade mark registration No 4 6 26  685
   
      Proprietor of the Community trade mark: JH Licence GmbH
   
      Applicant for the declaration of invalidity of the Community trade mark: The applicant
   
      Grounds for the application for a declaration of invalidity: Violation of Articles 52(1)(b) and 53(2)(a) of Regulation No 207/2009
   
      Decision of the Cancellation Division: The community trade mark was declared invalid
   
      Decision of the Board of Appeal: The decision of the Cancellation Division was annulled and the request for declaration of invalidity rejected
   
      Pleas in law:
   
   
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               Violation of Article 52(1)(b) of Regulation No 207/2009;
            
         
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               Violation of Article 53(2)(a) and Article 78 of Regulation No 207/2009;
            
         
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               Violation of Article 53(2)(a) of Regulation No 207/2009.