CELEX: 62013TN0323
Language: en
Date: 2013-06-14 00:00:00
Title: Case T-323/13: Action brought on 14 June 2013 — Pure Fishing/OHIM — Łabowicz (NANOFIL)

31.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 252/31
            
         Action brought on 14 June 2013 — Pure Fishing/OHIM — Łabowicz (NANOFIL)
   (Case T-323/13)
   2013/C 252/52
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Pure Fishing, Inc. (Spirit Lake, United States) (represented by: J. Dickerson, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Edward Łabowicz (Kłodzko, Poland)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Board of Appeal in case no R1241/2012-2;
            
         
               —
            
            
               Authorize for registration CTM application no 9611872; and
            
         
               —
            
            
               Order the defendant to pay the costs of the action.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘NANOFIL’ for goods in class 28 — Community trade mark application No 9 611 872
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited in opposition: Community trade mark registration of the figurative mark ‘NANO’ for goods in class 28
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.