3.8.2013

EN

Official Journal of the European Union

C 226/21

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Action brought on 28 May 2013 — Nordex Holding/OHIM — Fontana Food (Taverna)

(Case T-302/13)

(2013/C 226/28)

Language in which the application was lodged: English

Parties

Applicant: Nordex Holding A/S (Dronninglund, Denmark) (represented by: M. Kleis, lawyer)

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

Other party to the proceedings before the Board of Appeal: Fontana Food AB (Tyresö, Sweden)

Form of order sought

The applicant claims that the Court should:

—Annul the First Board of Appeal’s decision of 21 March 2013 in Case R 2608/2011-1;

—Annul the Cancellation Division’s decision of 21 October 2011 No 4891 C, which preceded the adoption of the contested decision;

—Order the Office to pay the costs, including those incurred in the appeal proceedings.

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 word element ‘Taverna’– Community trade mark registration No 5 466 909

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 of the request for a declaration of invalidity were those laid down in Articles 53(1)(a) and 8(1)(b) of Council Regulation No 207/2009

Decision of the Cancellation Division: Declared the contested Community trade mark partially invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 53(1)(a) in conjunction with 8(1)(b) of Council Regulation No 207/2009.

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