CELEX: 62014TN0223
Language: en
Date: 2014-04-09 00:00:00
Title: Case T-223/14: Action brought on 9 April 2014  — Ewald Dörken v OHIM — Schürmann (VENT ROLL)

16.6.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 184/35
            
         Action brought on 9 April 2014 — Ewald Dörken v OHIM — Schürmann (VENT ROLL)
   (Case T-223/14)
   2014/C 184/57
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Ewald Dörken AG (Herdecke, Germany) (represented by: N. Grüger, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Wolfram Schürmann (Neuhausen, Switzerland)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 January 2014 in Case R 2156/2012-4 and alter the contested decision to the effect that the application for a declaration of invalidity is dismissed in its entirety;
            
         
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               In the alternative, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 January 2014 in Case R 2156/2012-4 with regard to the goods in Class 6: ‘metal sheets for construction purposes’ and Class [1]7: ‘underlay sheets’ and alter the contested decision to the effect that the application for a declaration of invalidity is dismissed with regard to those goods;
            
         
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               Order the defendant 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 mark ‘VENT ROLL’ for goods in Classes 6, 17 and 19 — Community trade mark No 3 817 491
   
      Proprietor of the Community trade mark: the applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: Wolfram Schürmann
   
      Grounds for the application for a declaration of invalidity: Absolute grounds for invalidity under Article 52(1)(a) in conjunction with Article 7(1)(b) and (c) of Regulation No 207/2009, bad faith under Article 52(1)(b) of Regulation No 207/2009 and relative ground for invalidity of a mark registered by an agent without the proprietor’s consent pursuant to Article 53(1)(b) of Regulation No 207/2009
   
      Decision of the Cancellation Division: the application for a declaration of invalidity was granted
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law:
   
   
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               Infringement of Article 52(1) in conjunction with Article 7(1)(b) and Article 7(2) of Regulation No 207/2009;
            
         
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               Infringement of Article 52(1) in conjunction with Article 7(1)(c) and Article 7(2) of Regulation No 207/2009;
            
         
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               Infringement of Article 76(2) of Regulation No 207/2009 in conjunction with Rule 40(3) of Regulation No 2868/95;
            
         
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               Infringement of Articles 76 and 78 of Regulation No 207/2009 and Rules 37(b)(iv) and 57 of Regulation No 2868/95;
            
         
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               Infringement of Article 76(1) of Regulation No 207/2009 in conjunction with Rule 37(a)(iii) of Regulation No 2868/95 in conjunction with Article 83 of Regulation No 207/2009;
            
         
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               Infringement of Article 76(1) of Regulation No 207/2009 in conjunction with Rule 37(a)(iii) and (b)(i) of Regulation No 2868/95