CELEX: 62014TN0137
Language: en
Date: 2014-02-25 00:00:00
Title: Case T-137/14: Action brought on 25 February 2014 — I Castellani v OHIM — Chomarat (Device of a circle)

5.5.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 135/55
            
         Action brought on 25 February 2014 — I Castellani v OHIM — Chomarat (Device of a circle)
   (Case T-137/14)
   2014/C 135/72
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: I Castellani Srl (Meldola, Italy) (represented by: M. Caramelli, F. Boscariol de Roberto, I. Gatto and D. Martucci, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Compagnie Chomarat (Paris, France)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 December 2013 given in Case R 1001/2012-2;
            
         
               —
            
            
               Order the defendant to pay the costs of proceedings.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which an application for revocation has been made: The figurative mark representing a device of a circle for goods in Class 19 — Community trade mark registration No 2 844 033
   
      Proprietor of the Community trade mark: The applicant
   
      Party applying for revocation of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Decision of the Cancellation Division: It revoked the registration of Community trade mark No 2 844 033
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 51(2) CTMR.