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Case T-258/13: Action brought on 3 May 2013 — Matratzen Concord v OHIM — KBT (ARKTIS)
ECLI:EU:UNKNOWN:62013TN0258
62013TN0258
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Official Journal of the European Union
C 207/42
(Case T-258/13)
2013/C 207/70
Language in which the application was lodged: German
Parties
Applicant: Matratzen Concord GmbH (Cologne, Germany) (represented by: I. Selting, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: KBT & Co. Ernst Kruchen agenzia commerciale sociétá in accomandita (Locarno, Switzerland)
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 4 March 2013 in Case R 2133/2011-4;
—Order the defendant to pay the costs including those incurred in the course of the proceedings.
Pleas in law and main arguments
Registered Community trade mark in respect of which an application for revocation has been made: the word mark ‘ARKTIS’ for goods in Classes 20 and 24 — Community trade mark No 2 818 680
Proprietor of the Community trade mark: KBT & Co. Ernst Kruchen agenzia commercial sociétá in accomandita
Party applying for revocation of the Community trade mark: the applicant
Decision of the Cancellation Division: the application was upheld in part
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 51(1)(a) of Regulation No 207/2009