CELEX: 62013TN0239
Language: en
Date: 2013-04-23 00:00:00
Title: Case T-239/13: Action brought on 23 April 2013 — Atmeh v OHIM — Fretier (MONTALE MTL MONTALE Dezign)

20.7.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 207/37
            
         Action brought on 23 April 2013 — Atmeh v OHIM — Fretier (MONTALE MTL MONTALE Dezign)
   (Case T-239/13)
   2013/C 207/61
   Language in which the application was lodged: French
   
      Parties
   
   
      Applicant: Ammar Atmeh (Diera-Duba, United Arab Emirates) (represented by: A. Berthet, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Sylvie Fretier (Paris, France)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               declare the present action to be admissible;
            
         
               —
            
            
               Alter the decision of the Fourth Board of Appeal of OHIM of 14 February 2013 in Joined Cases R 1482/2011-4 and R 1571/2011-4 and suspend the annulment proceedings against the Community trade mark MONTALE MTL MONTALE Dezign No 003 874 807 submitted on 16 June 2004 by Mr Ammar Atmeh pending a definitive ruling on the application for a declaration of invalidity and for revocation of the trade marks of Ms Fretier pending before the Tribunal de Grande Instance de Paris;
            
         
               —
            
            
               order OHIM 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: Figurative mark including the word elements ‘MONTALE MTL MONTALE Dezign’ for goods and services in Class 3 — Community trade mark No 3 874 807
   
      Proprietor of the Community trade mark: The applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: Sylvie Fretier
   
      Grounds for the application for a declaration of invalidity: National figurative mark including the word elements ‘PIERRE MONTALE MONTALE M’ and national figurative mark and international registration including the word elements ‘MTL MONTALE’ for goods in Class 3
   
      Decision of the Cancellation Division: The application for invalidity is granted
   
      Decision of the Board of Appeal: The action brought by the applicant is dismissed and the action brought by Sylvie Fretier is declared inadmissible
   
      Pleas in law: Infringement of Rule 20 of Regulation No 2868/95 and of the principle of sound administration of justice