CELEX: 62013TN0170
Language: en
Date: 2013-03-21 00:00:00
Title: Case T-170/13: Action brought on 21 March 2013 — Benelli Q.J./OHIM — Demharter (MOTOBI)

25.5.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 147/27
            
         Action brought on 21 March 2013 — Benelli Q.J./OHIM — Demharter (MOTOBI)
   (Case T-170/13)
   2013/C 147/49
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Benelli Q.J. Srl (Pesaro, Italy) (represented by: P. Lukácsi, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Demharter GmbH (Dillingen, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Alter the defendant’s decision and order the dismissal of the application for revocation filed by the cancellation applicant;
            
         
               —
            
            
               Annul the defendant’s decision and remit the case to OHIM for further examination and a new decision should the Court consider that it is inevitable to conduct another thorough analysis of the evidence of genuine use;
            
         
               —
            
            
               Order the defendant to pay the applicant’s costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which an application for revocation has been made: The word mark ‘MOTOBI’ for goods in class 12 — Community trade mark registration No 835 264
   
      Proprietor of the Community trade mark: The applicant
   
      Party applying for revocation of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Decision of the Cancellation Division: Revoked the Community trade mark
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 51(1)(a) of Council Regulation No 207/2009.