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Case T-657/13: Action brought on 11 December 2013 — BH Stores v OHIM — Alex Toys (ALEX)
ECLI:EU:UNKNOWN:62013TN0657
62013TN0657
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Official Journal of the European Union
C 61/11
(Case T-657/13)
2014/C 61/19
Language in which the application was lodged: English
Parties
Applicant: BH Stores BV (Curaçao) (represented by: T. Dolde and M. Hawkins, lawyers)
Defendant: Office for Harmonization in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Alex Toys LLC (Greenwich, United States of America)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 16 September 2013 given in Case R 1950/2012-2;
—Order the defendant to bear the costs of proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The word mark ‘ALEX’ for goods in Classes 16, 20, and 28 — Community trade mark application No 6 540 173
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: The German trade mark registration Nos 1 049 274 and 648 968 for the word mark ‘ALEX’ and the German trade mark registration No 39 925 705 for the figurative mark containing the verbal element ‘ALEX’ for goods in Class 28
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 75 and 8(1)(b) CTMR