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21.9.2013 |
EN |
Official Journal of the European Union |
C 274/24 |
Action brought on 2 August 2013 — TVR Automotive v OHIM — TVR Italia (TVR)
(Case T-398/13)
2013/C 274/40
Language of the case: German
Parties
Applicant: TVR Automotive Ltd (Whiteley, United Kingdom) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: TVR Italia Srl (Milan, Italy)
Form of order sought
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Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 May 2013 in Case R 823/2011-2; |
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Dismiss the appeal of 14 April 2013 by TVR Italia Srl against the decision of the Opposition Division of OHIM of 14 February 2011, B 313 248; |
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Order the defendant OHIM and TVR Italia Srl, if it joins the proceedings, to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: TVR Italia Srl
Community trade mark concerned: Figurative mark, containing the word elements ‘TVR ITALIA’, for goods and services in Classes 12, 25 and 37 — Community trade mark registration No 5 699 954
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: National and Community word marks ‘TVR’ for goods and services in Classes 9, 11, 12, 25 and 41.
Decision of the Opposition Division: Opposition partially upheld
Decision of the Board of Appeal: Annulment of the decision of the Opposition Division and rejection of the opposition
Pleas in law:
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Infringement of Article 42(2) and (3) of Regulation No 207/2009; |
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Infringement of the principle res iudicata or ne bis in idem and of Article 42(2) of Regulation No 207/2009, in conjunction with Article 15 of Regulation No 207/2009 |