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Case T-588/13: Action brought on 7 November 2013 — Deutsche Rockwool Mineralwoll v OHIM — A. Weber (JETROC)
ECLI:EU:UNKNOWN:62013TN0588
62013TN0588
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Valentina R., lawyer
25.1.2014
EN
Official Journal of the European Union
C 24/28
(Case T-588/13)
2014/C 24/51
Language in which the application was lodged: English
Parties
Applicant: Deutsche Rockwool Mineralwoll GmbH & Co. OHG (Gladbeck, Germany) (represented by: J. Krenzel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: A. Weber SA (Rouhling, France)
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 10 June28 August 2013 given in Case R 257/2013-2
—Order the defendant to bear 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 ‘JETROC’ for goods in Classes 1, 17 and 19 — International Registration No 940 180 designating the European Union
Proprietor of the Community trade mark: The other 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: Likelihood of confusion pursuant to Article 53(1)(a) in conjunction with 8(1)(b) CTMR
Decision of the Cancellation Division: Rejected the application for a declaration of invalidity
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) CTMR.