This document is an excerpt from the EUR-Lex website
Document 62014TN0543
Case T-543/14: Action brought on 22 July 2014 — provima Warenhandels v OHIM — Renfro (HOT SOX)
Case T-543/14: Action brought on 22 July 2014 — provima Warenhandels v OHIM — Renfro (HOT SOX)
Case T-543/14: Action brought on 22 July 2014 — provima Warenhandels v OHIM — Renfro (HOT SOX)
OJ C 339, 29.9.2014, pp. 21–22
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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29.9.2014 |
EN |
Official Journal of the European Union |
C 339/21 |
Action brought on 22 July 2014 — provima Warenhandels v OHIM — Renfro (HOT SOX)
(Case T-543/14)
2014/C 339/26
Language in which the application was lodged: German
Parties
Applicant: provima Warenhandels GmbH (Bielefeld, Germany) (represented by: J. Croll and H. Prange, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Renfro Corp. (Mount Airy, United States)
Form of order sought
The applicant claims that the Court should:
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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 13 May 2014 in Case R 1859/2013-2 concerning the international trade mark in the European Union No 0962191 and to alter it to the effect that the appeal is well founded and the application for a declaration of invalidity is granted; |
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Order the defendant and, where appropriate, the other party to the proceedings before the Board of Appeal to pay the costs including those incurred in the course of the appeal proceedings. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: International registration of the word mark ‘HOT SOX’ — International registration No 9 62 191
Proprietor of the Community trade mark: Renfro Corp.
Applicant for the declaration of invalidity of the Community trade mark: provima Warenhandels GmbH
Grounds for the application for a declaration of invalidity: Absolute grounds for invalidity under Article 52(1)(a) in conjunction with Article 7(1)(b) and (c) of Regulation No 207/2009
Decision of the Cancellation Division: Rejection of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law:
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Infringement of Article 158 in conjunction with Article 52(1)(a) and Article 7(1)(c) of Regulation No 207/2009 |
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Infringement of Article 158 in conjunction with Article 52(1)(a) and Article 7(1)(b) of Regulation No 207/2009 |