CELEX: 62014TN0273
Language: en
Date: 2014-04-30 00:00:00
Title: Case T-273/14: Action brought on 30 April 2014 — Lithomex/OHMI — Glaubrecht Stingel (LITHOFIX)

4.8.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 253/33
            
         Action brought on 30 April 2014 — Lithomex/OHMI — Glaubrecht Stingel (LITHOFIX)
   (Case T-273/14)
   2014/C 253/48
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Lithomex ApS (Langeskov, Denmark) (represented by: L. Ullmann, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Glaubrecht Stingel GmbH & Co.KG (Wendlingen, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Overturn decision R 2280/2012-5 of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17/02/2014;
            
         
               —
            
            
               Amend the contested decision to show that the appeal against Decision No 5589 C of the Cancellation Division of 21/11/2012 is rejected;
            
         
               —
            
            
               Condemn the intervener to pay the costs including the costs incurred during the appeal 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 LITHOFIX for goods in Classes 19 and 31 — Community trade mark registration No 7 5 04  368
   
      Proprietor of the Community trade mark: The applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: Glaubrecht Stingel GmbH & Co. KG
   
      Grounds for the application for a declaration of invalidity: Article 53(1)(a) and Article 8(1)(b) of Regulation No 207/2009 — International and national word marks ‘LITHOFIN’ for goods in Class 1
   
      Decision of the Cancellation Division: The declaration of invalidity was rejected
   
      Decision of the Board of Appeal: The appeal was upheld and the Community trade mark declared invalid for all the goods in Class 19
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009.