CELEX: 62013TN0558
Language: en
Date: 2013-10-24 00:00:00
Title: Case T-558/13: Action brought on 24 October 2013 — FSA v OHIM — Motokit Veículos e Acessórios (FSA K-FORCE)

25.1.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/23
            
         Action brought on 24 October 2013 — FSA v OHIM — Motokit Veículos e Acessórios (FSA K-FORCE)
   (Case T-558/13)
   2014/C 24/40
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: FSA Srl (Busnago, Italy) (represented by: M. Locatelli and M. Cartella, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Motokit Veículos e Acessórios, SA (Vagos, Portugal)
   
      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 5 August 2013 given in Case R 436/2012-2;
            
         
               —
            
            
               Order that the word mark FSA K-FORCE be registered;
            
         
               —
            
            
               Order the defendant and the intervener 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 FSA K-FORCE — Community trade mark registration No 9 191 909
   
      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) CTMR in conjunction with Article 8(1)(b) CTMR
   
      Decision of the Cancellation Division: Declared the registration of the CTM invalid
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b) CTMR and Article 75 CTMR.