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Case T-558/13: Action brought on 24 October 2013 — FSA v OHIM — Motokit Veículos e Acessórios (FSA K-FORCE)
ECLI:EU:UNKNOWN:62013TN0558
62013TN0558
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Valentina R., lawyer
25.1.2014
EN
Official Journal of the European Union
C 24/23
(Case T-558/13)
2014/C 24/40
Language in which the application was lodged: English
Parties
Applicant: FSA Srl (Busnago, Italy) (represented by: M. Locatelli and M. Cartella, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Motokit Veículos e Acessórios, SA (Vagos, Portugal)
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 5 August 2013 given in Case R 436/2012-2;
—Order that the word mark FSA K-FORCE be registered;
—Order the defendant and the intervener to pay the costs of 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 FSA K-FORCE — Community trade mark registration No 9 191 909
Proprietor of the Community trade mark: The applicant
Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal
Grounds for the application for a declaration of invalidity: The grounds were those laid down in Article 53(1)(a) CTMR in conjunction with Article 8(1)(b) CTMR
Decision of the Cancellation Division: Declared the registration of the CTM invalid
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b) CTMR and Article 75 CTMR.