CELEX: 62013TN0258
Language: en
Date: 2013-05-03 00:00:00
Title: Case T-258/13: Action brought on 3 May 2013 — Matratzen Concord v OHIM — KBT (ARKTIS)

20.7.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 207/42
            
         Action brought on 3 May 2013 — Matratzen Concord v OHIM — KBT (ARKTIS)
   (Case T-258/13)
   2013/C 207/70
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Matratzen Concord GmbH (Cologne, Germany) (represented by: I. Selting, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: KBT & Co. Ernst Kruchen agenzia commerciale sociétá in accomandita (Locarno, Switzerland)
   
      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 4 March 2013 in Case R 2133/2011-4;
            
         
               —
            
            
               Order the defendant to pay the costs including those incurred in the course of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which an application for revocation has been made: the word mark ‘ARKTIS’ for goods in Classes 20 and 24 — Community trade mark No 2 818 680
   
      Proprietor of the Community trade mark: KBT & Co. Ernst Kruchen agenzia commercial sociétá in accomandita
   
      Party applying for revocation of the Community trade mark: the applicant
   
      Decision of the Cancellation Division: the application was upheld in part
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: Infringement of Article 51(1)(a) of Regulation No 207/2009