CELEX: 62014TN0317
Language: en
Date: 2014-05-07 00:00:00
Title: Case T-317/14: Action brought on 7 May 2014 — Klement/OHIM — Bullerjan (Form of an oven)

11.8.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 261/24
            
         Action brought on 7 May 2014 — Klement/OHIM — Bullerjan (Form of an oven)
   (Case T-317/14)
   2014/C 261/47
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Toni Klement (Dippoldiswalde, Germany) (represented by: J. Weiser, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Bullerjan GmbH (Isernhagen-Kirchhorst, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Alter the decision of the First Board of Appeal of 27 February 2014 in Case R 1656/2013-1 so that the appeal brought by the applicant is upheld and Community trade mark 4 0 87  731 is revoked in its entirety;
            
         
               —
            
            
               Alternatively, annul the contested decision;
            
         
               —
            
            
               Order OHIM and, as the case may be, the Community trade mark proprietor/possible intervener to pay the costs for these proceedings and of the proceedings before OHIM.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which an application for revocation has been made: Three-dimensional mark representing an oven, for goods in Class 11 — Community trade mark registration No 4 0 87  731
   
      Proprietor of the Community trade mark: Bullerjan GmbH
   
      Party applying for revocation of the Community trade mark: The applicant
   
      Decision of the Cancellation Division: Rejected the application for revocation
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 51(1)(a) of Regulation No 207/2009 in conjunction with Article 15 of Regulation No 207/2009