EN

Official Journal of the European Union

C 253/49

(Case T-369/14)

2014/C 253/64

Language in which the application was lodged: English

Parties

Applicant: Sequoia Capital Operations LLC (Menlo Park, United States) (represented by: F. Delord and A. Rendle, Solicitors, and G. Hollingworth, Barrister)

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

Other party to the proceedings before the Board of Appeal: Sequoia Capital LLP (London, United Kingdom)

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 18 March 2014 in Case R 1457/2013-4;

—Condemn the Office and the other party to the proceedings before the Board of Appeal to bear their own costs of the proceedings before the Office and the General Court and pay those of the applicant.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘SEQUOIA CAPITAL’ for services in Classes 35, 36 and 42 — Community trade mark registration No 7 4 65 347

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: Sequoia Capital LLP

Grounds for the application for a declaration of invalidity: The word mark No 4 1 02 141‘SEQUOIA’ for goods and services in Classes 9, 16 and 36

Decision of the Cancellation Division: The request was upheld

Decision of the Board of Appeal: The appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009.