21.9.2013 |
EN |
Official Journal of the European Union |
C 274/19 |
Action brought on 17 July 2013 — Moonlight v OHIM — Lampenwelt (Moon)
(Case T-374/13)
2013/C 274/32
Language in which the application was lodged: German
Parties
Applicant: Moonlight GmbH (Wehr, Germany) (represented by: H. Börjes-Pestalozza and M. Nielen, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Lampenwelt GmbH & Co. KG (Schlitz, Germany)
Form of order sought
— |
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 13 May 2013 in Case R 676/2012-4 and require OHIM to dismiss the application for a declaration of invalidity in respect of Community trade mark No 6 084 081; |
— |
order OHIM to pay the costs. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘Moon’ for goods in Class 11 — Community trade mark No 6 084 081
Proprietor of the Community trade mark: Moonlight GmbH
Applicant for the declaration of invalidity of the Community trade mark: Lampenwelt GmbH & Co. KG
Grounds for the application for a declaration of invalidity: Absolute grounds for invalidity under Article 52(1)(a) and (b) of Regulation No 207/2009
Decision of the Cancellation Division: Application for a declaration of invalidity granted
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009