19.10.2013

Official Journal of the European Union

C 304/22

(Case T-449/13)

2013/C 304/39

Language in which the application was lodged: English

Parties

Applicant: CEDC International sp. z o.o. (Oborniki Wielkopolskie, Poland) (represented by: M. Siciarek, lawyer)

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

Other party to the proceedings before the Board of Appeal: Fabryka Wódek Polmos Łańcut S.A. (Łańcut, Poland)

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 10 June 2013 given in Case R 33/2012-4;

—Order the defendant and the other party to the proceedings before the Board of Appeal 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: Figurative mark in colours green, red and gold, representing the image of a bovine animal and containing the verbal element ‘WISENT’ for goods in Classes 32 and 33 — Community trade mark registration No 5 142 039

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: The grounds were those laid down in Article 53(1)(a) in conjunction with Article 8(1)(b) and 8(5) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (CTMR) (1)

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

Decision of the Board of Appeal: Annulled the contested decision

Pleas in law: Infringement of Articles 53(1)(a), 8(1)(b), 8(5) in conjunction with 76(1), 75, 76(1) and (2) CTMR.

(1) OJ L 78, p. 1