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Case T-396/14: Action brought on 28 May 2014 — Best-Lock (Europe) v OHIM — Lego Juris (Shape of a toy figure)
ECLI:EU:UNKNOWN:62014TN0396
62014TN0396
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Valentina R., lawyer
15.9.2014
EN
Official Journal of the European Union
C 315/66
(Case T-396/14)
2014/C 315/110
Language in which the application was lodged: German
Parties
Applicant: Best-Lock (Europe) Ltd (Colne, United Kingdom) (represented by: J. Becker, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Lego Juris A/S (Billund, Denmark)
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 26 March 2014 in Case R 1696/2013-4 and declare Community trade mark No 50 450 invalid in respect of Class 28;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: the three-dimensional mark in the shape of a toy figure for goods in Classes 9, 25 and 28 — Community trade mark No 50 450
Proprietor of the Community trade mark: Lego Juris A/S
Applicant for the declaration of invalidity of the Community trade mark: the applicant
Grounds for the application for a declaration of invalidity: absolute grounds for invalidity
Decision of the Cancellation Division: the application for a declaration of invalidity was rejected
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 52 in conjunction with Article 7(1)(e)(i) and (ii) of Regulation No 207/2009