13.10.2014

Official Journal of the European Union

C 361/28

(Case T-635/14)

2014/C 361/42

Language in which the application was lodged: English

Parties

Applicant: Urb Rulmenti Suceava SA (Suceava, Romania) (represented by: I. Burdusel, lawyer)

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

Other party to the proceedings before the Board of Appeal: Harun Adiguzel (Diosd, Hungary)

Form of order sought

The applicant claims that the Court should:

—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 June 2014 given in Case R 1974/2013-4.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark containing the verbal element ‘URB’ for goods and services in Classes 4, 6-9, 11, 12, 16, 17, 35, 37 and 39-42 — the Community trade mark No 8 6 56 605

Proprietor of the Community trade mark: The party to the proceedings before the Board of Appeal

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: Absolute grounds for invalidity under Article 52(1)(b) CTMR and relative grounds for invalidity under Article 8(1)(a) and (b) in conjunction with Article 53(1)(a) CTMR

Decision of the Cancellation Division: Rejected the request for a declaration of invalidity

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 52(1)(b) CTMR, Article 8(1)(a) and (b) in conjunction with Article 53(1)(a) CTMR and Article 53(2) CTMR.