This document is an excerpt from the EUR-Lex website
Document 62013TN0709
Case T-709/13: Action brought on 27 December 2013 — Steinbeck v OHIM — Alfred Sternjakob (BE HAPPY)
Case T-709/13: Action brought on 27 December 2013 — Steinbeck v OHIM — Alfred Sternjakob (BE HAPPY)
Case T-709/13: Action brought on 27 December 2013 — Steinbeck v OHIM — Alfred Sternjakob (BE HAPPY)
OJ C 61, 1.3.2014, pp. 15–16
(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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1.3.2014 |
EN |
Official Journal of the European Union |
C 61/15 |
Action brought on 27 December 2013 — Steinbeck v OHIM — Alfred Sternjakob (BE HAPPY)
(Case T-709/13)
2014/C 61/27
Language in which the application was lodged: German
Parties
Applicant: Steinbeck GmbH (Fulda, Germany) (represented by: M. Heinrich and M. Fischer, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Alfred Sternjakob GmbH & Co. KG (Frankenthal, Germany)
Form of order sought
The applicant claims that the Court should:
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Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 October 2013 in Case R 32/2013-1; |
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Order the defendant 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: the word mark ‘BE HAPPY’ for goods in Classes 16, 21, 28 and 30 — Community trade mark No 5 310 057
Proprietor of the Community trade mark: the applicant
Applicant for the declaration of invalidity of the Community trade mark: Alfred Sternjakob GmbH & Co. KG
Grounds for the application for a declaration of invalidity: the absolute grounds for invalidity under Article 52(1)(a) of Regulation No 207/2009 in conjunction with Article 7(1)(b) and (c) of that regulation
Decision of the Cancellation Division: the application for a declaration of invalidity was granted
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009