CELEX: 62013TN0302
Language: en
Date: 2013-05-28 00:00:00
Title: Case T-302/13: Action brought on 28 May 2013 — Nordex Holding/OHIM — Fontana Food (Taverna)

3.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 226/21
            
         Action brought on 28 May 2013 — Nordex Holding/OHIM — Fontana Food (Taverna)
   (Case T-302/13)
   (2013/C 226/28)
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Nordex Holding A/S (Dronninglund, Denmark) (represented by: M. Kleis, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Fontana Food AB (Tyresö, Sweden)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the First Board of Appeal’s decision of 21 March 2013 in Case R 2608/2011-1;
            
         
               —
            
            
               Annul the Cancellation Division’s decision of 21 October 2011 No 4891 C, which preceded the adoption of the contested decision;
            
         
               —
            
            
               Order the Office to pay the costs, including those incurred in the appeal 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 word element ‘Taverna’– Community trade mark registration No 5 466 909
   
      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 grounds of the request for a declaration of invalidity were those laid down in Articles 53(1)(a) and 8(1)(b) of Council Regulation No 207/2009
   
      Decision of the Cancellation Division: Declared the contested Community trade mark partially invalid
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 53(1)(a) in conjunction with 8(1)(b) of Council Regulation No 207/2009.