CELEX: 62013TN0085
Language: en
Date: 2013-02-14 00:00:00
Title: Case T-85/13: Action brought on 14 February 2013 — K-Swiss/OHIM — Künzli SwissSchuh (Trainer with five stripes)

27.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 123/17
            
         Action brought on 14 February 2013 — K-Swiss/OHIM — Künzli SwissSchuh (Trainer with five stripes)
   (Case T-85/13)
   2013/C 123/28
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: K-Swiss, Inc. (California, United States) (represented by: R. Niebel and K. Tasma, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Künzli SwissSchuh AG (Windisch, Switzerland)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the Decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), dated 30 October 2012 in Case R 174/2011-2; and
            
         
               —
            
            
               Order the defendant and, as appropriate, the intervener to bear the coasts of the action.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark representing a trainer with five stripes — Community trade mark registration No 4 771 978
   
      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 Article 52(1)(a) in conjunction with Article 7(1)(b) 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)(b) of Council Regulation No 207/2009.