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Case T-538/12: Action brought on 13 December 2012 — Optilingua holding SA v OHIM — Esposito (ALPHATRAD)
ECLI:EU:UNKNOWN:62012TN0538
62012TN0538
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9.2.2013
EN
Official Journal of the European Union
C 38/26
(Case T-538/12)
2013/C 38/47
Language in which the application was lodged: French
Parties
Applicant: Optilingua holding SA (Epalinges, Switzerland) (represented by: S. Rizzo, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Michele Esposito (Cava de’ Tirreni SA, Italy)
Form of order sought
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 October 2012 in Case R 444/2011-1;
Pleas in law and main arguments
Registered Community trade mark in respect of which an application for revocation has been made: Figurative mark including the word element ‘ALPHATRAD’ for services in Classes 35, 38, 41 and 42 — Community trade mark No 617 316
Proprietor of the Community trade mark: The applicant
Party applying for revocation of the Community trade mark: Esposito
Decision of the Cancellation Division: The application for revocation is upheld
Decision of the Board of Appeal: The appeal is dismissed
Pleas in law: Infringement of Article 15(1)(2)(a), in conjunction with Article 51(1)(a) of Regulation No 207/2009