CELEX: 62013TN0674
Language: en
Date: 2013-12-18 00:00:00
Title: Case T-674/13: Action brought on 18 December 2013 — Gugler France v OHIM — Gugler (GUGLER)

1.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 61/13
            
         Action brought on 18 December 2013 — Gugler France v OHIM — Gugler (GUGLER)
   (Case T-674/13)
   2014/C 61/23
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Gugler France SA (Besançon, France) (represented by: A. Grolée, lawyer)
   
      Defendant: Office for Harmonization in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Alexander Gugler (Maxdorf, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 16 October 2013 given in Case R 356/2012-4;
            
         
               —
            
            
               Cancel the contested trade mark;
            
         
               —
            
            
               Order the defendant and the other party, should it intervene, to bear the costs of proceedings.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark ‘GUGLER’ for goods and services in Classes 6, 17, 19, 22, 37, 39 and 42 — Community trade mark registration No 3 324 902
   
      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
   
      Grounds for the application for a declaration of invalidity: The grounds were those laid down in Article 52(1)(b) and 53(1)(c) in conjunction with Article 8(4) CTMR
   
      Decision of the Cancellation Division: Declared the contested Community trade mark invalid
   
      Decision of the Board of Appeal: Annulled the contested decision and rejected the application for a declaration of invalidity
   
      Pleas in law: Infringement of Article 52(1)(b) and 53(1)(c) CTMR