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:
—
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;
—
Alternatively, annul the contested decision;
—
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
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