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Case T-239/13: Action brought on 23 April 2013 — Atmeh v OHIM — Fretier (MONTALE MTL MONTALE Dezign)
ECLI:EU:UNKNOWN:62013TN0239
62013TN0239
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Valentina R., lawyer
EN
Official Journal of the European Union
C 207/37
(Case T-239/13)
2013/C 207/61
Language in which the application was lodged: French
Parties
Applicant: Ammar Atmeh (Diera-Duba, United Arab Emirates) (represented by: A. Berthet, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Sylvie Fretier (Paris, France)
Form of order sought
The applicant claims that the Court should:
—declare the present action to be admissible;
—Alter the decision of the Fourth Board of Appeal of OHIM of 14 February 2013 in Joined Cases R 1482/2011-4 and R 1571/2011-4 and suspend the annulment proceedings against the Community trade mark MONTALE MTL MONTALE Dezign No 003 874 807 submitted on 16 June 2004 by Mr Ammar Atmeh pending a definitive ruling on the application for a declaration of invalidity and for revocation of the trade marks of Ms Fretier pending before the Tribunal de Grande Instance de Paris;
—order OHIM to pay the costs.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark including the word elements ‘MONTALE MTL MONTALE Dezign’ for goods and services in Class 3 — Community trade mark No 3 874 807
Proprietor of the Community trade mark: The applicant
Applicant for the declaration of invalidity of the Community trade mark: Sylvie Fretier
Grounds for the application for a declaration of invalidity: National figurative mark including the word elements ‘PIERRE MONTALE MONTALE M’ and national figurative mark and international registration including the word elements ‘MTL MONTALE’ for goods in Class 3
Decision of the Cancellation Division: The application for invalidity is granted
Decision of the Board of Appeal: The action brought by the applicant is dismissed and the action brought by Sylvie Fretier is declared inadmissible
Pleas in law: Infringement of Rule 20 of Regulation No 2868/95 and of the principle of sound administration of justice