CELEX: 62013TN0502
Language: en
Date: 2013-09-18 00:00:00
Title: Case T-502/13: Action brought on 18 September 2013 — ASPA v OHIM — Banco Bilbao Vizcaya Argentaria (ARGENTARIA)

30.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 352/16
            
         Action brought on 18 September 2013 — ASPA v OHIM — Banco Bilbao Vizcaya Argentaria (ARGENTARIA)
   (Case T-502/13)
   2013/C 352/31
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Argenta Spaarbank NV (ASPA) (Antwerp, Belgium) (represented by: K. De Winter and M. De Vroey, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Banco Bilbao Vizcaya Argentaria, SA (Madrid, Spain)
   
      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 15 July 2013 given in Case R 1581/2011-4.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which an application for revocation has been made: The word mark ‘ARGENTARIA’ for goods and services in Classes 1 to 42 — Community trade mark No 159 707
   
      Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Party applying for revocation of the Community trade mark: The applicant
   
      Decision of the Cancellation Division: Declared the cancellation proceedings closed following the surrender of the contested services by the CTM proprietor
   
      Decision of the Board of Appeal: Dismissed the appeal as inadmissible
   
      Pleas in law: Infringement of Articles 51 (1)(a) and 80 CTMR.