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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:
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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; |
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Alternatively, annul the contested decision; |
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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