CELEX: 62008TN0493
Language: en
Date: 2008-11-14 00:00:00
Title: Case T-493/08: Action brought on 14 November 2008 — Sun World International v OHIM — Kölla Hamburg Overseas Import (SUPERIOR SEEDLESS)

24.1.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 19/33
            
         Action brought on 14 November 2008 — Sun World International v OHIM — Kölla Hamburg Overseas Import (SUPERIOR SEEDLESS)
   (Case T-493/08)
   (2009/C 19/62)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Sun World International LLC (Bakersfield, United States) (represented by: M. Holah, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Kölla Hamburg Overseas Import GmbH & Co. KG (Hamburg, Germany)
   Form of order sought
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 September 2008 in case R 1378/2007-1; and
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Registered Community trade mark subject of the application for a declaration of invalidity: The word mark ‘SUPERIOR SEEDLESS’ for goods in class 31 — Community trade mark registration No 610 980
   
      Proprietor of the Community trade mark: The applicant
   
      Party requesting the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Decision of the Cancellation Division: Partial invalidity of the Community trade mark concerned
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Articles 7(3) and 51(2) of Council Regulation No 40/94 as the Board of Appeal: (i) wrongly identified the relevant public; (ii) wrongly refused to allow a withdrawal of the Community trade mark registration in respect of some of the goods in the specification; (iii) made an unlawful assumption based on the lack of a United Kingdom or Irish registration; and (iv) incorrectly assessed the evidence filed.