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Case T-278/13: Action brought on 15 May 2013 — Now Wireless/OHIM — Starbucks (HK) (now)
ECLI:EU:UNKNOWN:62013TN0278
62013TN0278
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Official Journal of the European Union
C 207/50
(Case T-278/13)
2013/C 207/82
Language in which the application was lodged: English
Parties
Applicant: Now Wireless Ltd (Guildford, United Kingdom) (represented by: T. Alkin, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Starbucks (HK) Ltd (Hong Kong, China)
Form of order sought
The applicant claims that the Court should:
—Annul the contested decision; and
—Order Community Trade Mark Registration No 1421700 to be revoked on grounds of non-use;
—Order the registered proprietor to pay the costs incurred by the applicant.
Pleas in law and main arguments
Registered Community trade mark in respect of which an application for revocation has been made: The figurative mark containing the word element ‘now’ for services in classes 35, 41 and 42 — Community trade mark No 1 421 700
Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
Party applying for revocation of the Community trade mark: The applicant
Decision of the Cancellation Division: Partially revoked the Community trade mark registration
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 51(1)(a) and (2) of Council Regulation No 207/2009.