CELEX: 62013TN0642
Language: en
Date: 2013-12-02 00:00:00
Title: Case T-642/13: Action brought on 2 December 2013 — Wolverine International v OHIM — BH Stores (cushe)

22.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 85/20
            
         Action brought on 2 December 2013 — Wolverine International v OHIM — BH Stores (cushe)
   (Case T-642/13)
   2014/C 85/34
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Wolverine International, LP (Grand Cayman, Cayman Islands) (represented by: M. Plesser and R. Heine, lawyers)
   
      Defendant: Office for Harmonization in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: BH Stores BV (Curaçao, Netherlands Antilles)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 30 September 2013 given in Case R 1269/2012-4;
            
         
               —
            
            
               Reject the request for a declaration of invalidity;
            
         
               —
            
            
               Order the defendant to bear 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 figurative mark containing the verbal element ‘cushe’ for goods in Class 25 — International Registration No 859 087 designating the European Union
   
      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: Likelihood of confusion pursuant to Article 53(1)(a) in conjunction with Article 8(1)(b) CTMR
   
      Decision of the Cancellation Division: Rejected the application for a declaration of invalidity
   
      Decision of the Board of Appeal: Annulled the contested decision and declared the contested IR designating the European Union invalid
   
      Pleas in law: Infringement of Article 8(1)(b) and Article 57(2) and (3) CTMR