CELEX: 62013TN0657
Language: en
Date: 2013-12-11 00:00:00
Title: Case T-657/13: Action brought on 11 December 2013 — BH Stores v OHIM — Alex Toys (ALEX)

1.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 61/11
            
         Action brought on 11 December 2013 — BH Stores v OHIM — Alex Toys (ALEX)
   (Case T-657/13)
   2014/C 61/19
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: BH Stores BV (Curaçao) (represented by: T. Dolde and M. Hawkins, lawyers)
   
      Defendant: Office for Harmonization in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Alex Toys LLC (Greenwich, United States of America)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 16 September 2013 given in Case R 1950/2012-2;
            
         
               —
            
            
               Order the defendant to bear the costs of proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The word mark ‘ALEX’ for goods in Classes 16, 20, and 28 — Community trade mark application No 6 540 173
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: The German trade mark registration Nos 1 049 274 and 648 968 for the word mark ‘ALEX’ and the German trade mark registration No 39 925 705 for the figurative mark containing the verbal element ‘ALEX’ for goods in Class 28
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 75 and 8(1)(b) CTMR