CELEX: 62014TN0540
Language: en
Date: 2014-07-16 00:00:00
Title: Case T-540/14: Action brought on 16 July 2014  — Klass v OHIM — F. Smit (PLAYSEAT) (PLAYSEATS)

22.9.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 329/23
            
         Action brought on 16 July 2014 — Klass v OHIM — F. Smit (PLAYSEAT) (PLAYSEATS)
   (Case T-540/14)
   2014/C 329/32
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Oliver Klass (Remscheid, Germany) (represented by: U. Bender, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: F. Smit Holding BV (Doetinchem, Netherlands)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Alter the decisions of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2014 in Cases R 1616/2013-4 and R 1834/2013-4 to the effect that both of the applications for a declaration of invalidity of 31 July 2012 are granted;
            
         
               —
            
            
               Order the defendant and the other party 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 marks ‘PLAYSEAT’ and ‘PLAYSEATS’ for goods in Class 9 — Community trade marks No 7 5 95  184 and No 8 8 42  254
   
      Proprietor of the Community trade mark: F. Smit Holding BV
   
      Applicant for the declaration of invalidity of the Community trade mark: the applicant
   
      Grounds for the application for a declaration of invalidity: the absolute grounds for invalidity in Article 52(1)(a) of Regulation No 207/2009 in conjunction with Article 7(1)(b) and (c) thereof
   
      Decision of the Cancellation Division: the applications for a declaration of invalidity were rejected
   
      Decision of the Board of Appeal: the appeals were dismissed
   
      Pleas in law: Infringement of Article 52(1)(a) of Regulation No 207/2009 in conjunction with Article 7(1)(b) and (c) thereof