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1.3.2014 |
EN |
Official Journal of the European Union |
C 61/13 |
Action brought on 18 December 2013 — Gugler France v OHIM — Gugler (GUGLER)
(Case T-674/13)
2014/C 61/23
Language in which the application was lodged: English
Parties
Applicant: Gugler France SA (Besançon, France) (represented by: A. Grolée, lawyer)
Defendant: Office for Harmonization in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Alexander Gugler (Maxdorf, Germany)
Form of order sought
The applicant claims that the Court should:
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 16 October 2013 given in Case R 356/2012-4; |
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Cancel the contested trade mark; |
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Order the defendant and the other party, should it intervene, to bear the costs of proceedings. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark ‘GUGLER’ for goods and services in Classes 6, 17, 19, 22, 37, 39 and 42 — Community trade mark registration No 3 324 902
Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
Applicant for the declaration of invalidity of the Community trade mark: The applicant
Grounds for the application for a declaration of invalidity: The grounds were those laid down in Article 52(1)(b) and 53(1)(c) in conjunction with Article 8(4) CTMR
Decision of the Cancellation Division: Declared the contested Community trade mark invalid
Decision of the Board of Appeal: Annulled the contested decision and rejected the application for a declaration of invalidity
Pleas in law: Infringement of Article 52(1)(b) and 53(1)(c) CTMR