CELEX: 62014TN0337
Language: en
Date: 2014-05-08 00:00:00
Title: Case T-337/14: Action brought on 8 May 2014  — Rezon OOD v OHIM — mobile.international GmbH (mobile.de proMotor)

28.7.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 245/24
            
         Action brought on 8 May 2014 — Rezon OOD v OHIM — mobile.international GmbH (mobile.de proMotor)
   (Case T-337/14)
   2014/C 245/32
   Language in which the application was lodged: Bulgarian
   
      Parties
   
   
      Applicant: Rezon OOD (Sofia, Bulgaria) (represented by: P. Kanchev and T. Ignatova, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: mobile.international GmbH (Dreilinden, Germany)
   
      Form of order sought
   
   
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               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 February 2014 in Case R 950/2013-1;
            
         
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               grant the applications made to the divisions and boards of appeal of OHIM;
            
         
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               grant in its entirety the application for a declaration of invalidity of the Community trade mark mobile.international GmbH;
            
         
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               order reimbursement of the applicant’s costs;
            
         
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               order that experts be appointed to produce a written report on the evidential issues raised in the action.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘mobile.de proMotor’ for services in classes 35, 38, 41 and 42 — Community trade mark registration No 4 896 643.
   
      Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal.
   
      Applicant for the declaration of invalidity of the Community trade mark: The applicant, Rezon OOD.
   
      Grounds for the application for a declaration of invalidity: Relative ground for invalidity under Article 53(1) in conjunction with Article 8(1)(b) and (c) of Regulation No 207/2009.
   
      Decision of the Cancellation Division: Application dismissed.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Infringement of Article 78(1)(e) of Regulation No 207/2009, in conjunction with Article 76 thereof and with Rule 22(3) of Regulation No 2868/95; infringement of Article 53(1)(a) of Regulation No 207/2009; conflict, in the light of EU enlargement, between the Community trade mark registered subsequently and an earlier national trade mark.