25.1.2014
EN
Official Journal of the European Union
C 24/34
Action brought on 21 November 2013 — Australian Gold v OHIM — Effect Management & Holding (HOT)
(Case T-611/13)
2014/C 24/63
Language in which the application was lodged: English
Parties
Applicant: Australian Gold LLC (Indianapolis, United States) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Effect Management & Holding GmbH (Vöcklabruck, Austria)
Form of order sought
The applicant claims that the Court should:
—
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 September 2013 given in Case R 1881/2012-4;
—
Order the defendant and the other party before the Board of Appeal, should it intervene, to pay the cost 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 containing the verbal element ‘HOT’ for goods in Classes 3, 5, 16 and 25 — International registration designating the European Union No 797 277
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)(a) in conjunction with Article 7(1)(b)(c) CTMR
Decision of the Cancellation Division: Granted the application for a declaration of invalidity in part
Decision of the Board of Appeal: Dismissed the appeal in part
Pleas in law: Infringement of Article 52(1)(a) in conjunction with Article 7(1)(a)(b)(c) and Article 8(3) CTMR.
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