CELEX: 62013TN0250
Language: en
Date: 2013-05-02 00:00:00
Title: Case T-250/13: Action brought on 2 May 2013 — Naazneen Investments/OHIM — Energy Brands (SMART WATER)

20.7.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 207/39
            
         Action brought on 2 May 2013 — Naazneen Investments/OHIM — Energy Brands (SMART WATER)
   (Case T-250/13)
   2013/C 207/66
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Naazneen Investments Ltd (Limassol, Cyprus) (represented by: P. Goldenbaum, I. Rohr and T. Melchert, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Energy Brands, Inc. (New York, United States)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Second Board of Appeal in Case R 1101/2011-2;
            
         
               —
            
            
               Order the defendant to pay its own costs and those of the applicant.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which an application for revocation has been made: The word mark ‘SMART WATER’, Community trade mark registration No 781 153
   
      Proprietor of the Community trade mark: The applicant
   
      Party applying for revocation of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Decision of the Cancellation Division: Revoked the Community trade mark
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 51(1)(a) of Council Regulation No 207/2009.