29.9.2014

Official Journal of the European Union

C 339/21

(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:

—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;

—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:

—Infringement of Article 158 in conjunction with Article 52(1)(a) and Article 7(1)(c) of Regulation No 207/2009

—Infringement of Article 158 in conjunction with Article 52(1)(a) and Article 7(1)(b) of Regulation No 207/2009