CELEX: 62013TN0207
Language: en
Date: 2013-04-10 00:00:00
Title: Case T-207/13: Action brought on 10 April 2013 — 1872 Holdings/OHIM — Havana Club International (THE SPIRIT OF CUBA)

15.6.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 171/34
            
         Action brought on 10 April 2013 — 1872 Holdings/OHIM — Havana Club International (THE SPIRIT OF CUBA)
   (Case T-207/13)
   2013/C 171/64
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: 1872 Holdings vof (Amsterdam, Netherlands) (represented by: M. Antoine-Lalance, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Havana Club International, SA (Havana, Cuba)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Marked of 31 January 2013 in case R 684/2012-1;
            
         
               —
            
            
               Order the Office to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘THE SPIRIT OF CUBA’ for goods and services of classes 33, 35 and 42 — Community trade mark registration No 2 109 106
   
      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 application of invalidity was based on Articles 52(1)(a) and 7 (1)(b), (c) and (g) of Council Regulation No 207/2009
   
      Decision of the Cancellation Division: Declared the contested Community trade mark invalid
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 7(1)(c) of Council Regulation No 207/2009.