CELEX: 62013TN0534
Language: en
Date: 2013-10-04 00:00:00
Title: Case T-534/13: Action brought on 4 October 2013 — Panrico v OHIM — HDN Development (Krispy Kreme DOUGHNUTS)

11.1.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 9/24
            
         Action brought on 4 October 2013 — Panrico v OHIM — HDN Development (Krispy Kreme DOUGHNUTS)
   (Case T-534/13)
   2014/C 9/40
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Panrico, SA (Barcelona, Spain) (represented by: D. Pellisé Urquiza, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: HDN Development Corp. (Frankfort, United States of America)
   
      Form of order sought
   
   The applicant claims that the General Court should:
   
               —
            
            
               declare the present action admissible;
            
         
               —
            
            
               set aside the decision of 25 July 2013 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market in Case R 623/2011-4, notified to the applicant on 29 July 2013; and
            
         
               —
            
            
               declare invalid Community trade mark No 1 298 785‘KRISPY KREME DOUGHNUTS’.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark ‘Krispy Kreme DOUGHNUTS’ for products and services in Classes 25, 30 and 42 — Registered Community trade mark No 1 298 785
   
      Proprietor of the Community trade mark: HDN Development Corp.
   
      Applicant for the declaration of invalidity of the Community trade mark: Applicant
   
      Grounds for the application for a declaration of invalidity: Infringement of Article 8(1)(b) of Regulation No 207/2009 in conjunction with Article 53(1)(a) of that regulation
   
      Decision of the Cancellation Division: Dismissal of the application
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 in conjunction with Article 53(1)(a) of that regulation