26.5.2014

EN

Official Journal of the European Union

C 159/34

(Case T-182/14)

2014/C 159/47

Language in which the application was lodged: Italian

Parties

Applicant: Marzocchi Pompe SpA (Casalecchio di Reno, Italy) (represented by: M. Bovesi, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Settima Flow Mechanisms (Grossolengo, Italy)

Form of order sought

The applicant claims that the Court should:

—annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 December 2013 (Case R 428/2013-2) and declare the mark ELIKA valid in respect of all the goods for which it was registered;

—take such other measures as the Court may deem appropriate;

—order OHIM to pay the costs of the present proceedings and of the proceedings before the Board of Appeal, including those borne by Marzocchi Pompe SpA, in accordance with Article 87(2), read in conjunction with Articles 91(b) and 132(2) of the Rules of Procedure of the General Court.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: International registration extended to the European Union of the figurative mark containing the word element ‘ELIKA’ for goods in Class 7 — Community mark No 1 051 270

Proprietor of the Community mark: Marzocchi Pompe SpA

Applicant for the declaration of invalidity of the Community trade mark: Settima Flow Mechanisms

Ground for the application for a declaration of invalidity: Infringement of Article 52(1)(a) and Article 7(1)(b), (c) and (g) of Regulation No 207/2009

Decision of the Cancellation Division: Declared the mark invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(c) of Regulation No 207/2009