Official Journal of the European Union

C 253/43

(Case T-357/14)

2014/C 253/57

Language in which the application was lodged: English

Parties

Applicant: Experience Hendrix LLC (Tukwila, USA) (represented by: M. Vanhegan, Barrister, and P. Gardiner, Solicitor)

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

Other party to the proceedings before the Board of Appeal: JH Licence GmbH (Pommelsbrunn, Germany)

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 24 March 2014 in Case R 782/2012-4;

—declare that the contested community trade mark is invalid;

—order that the community trade mark proprietor pays the applicant its costs incurred before the Cancellation Division;

—order that the defendant pays the applicant its costs incurred before the Board of Appeal and the General Court

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘Jimi Hendrix’ for goods and services in Classes 9 and 15 — Community trade mark registration No 4 6 26 685

Proprietor of the Community trade mark: JH Licence GmbH

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: Violation of Articles 52(1)(b) and 53(2)(a) of Regulation No 207/2009

Decision of the Cancellation Division: The community trade mark was declared invalid

Decision of the Board of Appeal: The decision of the Cancellation Division was annulled and the request for declaration of invalidity rejected

Pleas in law:

—Violation of Article 52(1)(b) of Regulation No 207/2009;

—Violation of Article 53(2)(a) and Article 78 of Regulation No 207/2009;

—Violation of Article 53(2)(a) of Regulation No 207/2009.