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Case T-502/13: Action brought on 18 September 2013 — ASPA v OHIM — Banco Bilbao Vizcaya Argentaria (ARGENTARIA)
ECLI:EU:UNKNOWN:62013TN0502
62013TN0502
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30.11.2013
Official Journal of the European Union
C 352/16
(Case T-502/13)
2013/C 352/31
Language in which the application was lodged: English
Parties
Applicant: Argenta Spaarbank NV (ASPA) (Antwerp, Belgium) (represented by: K. De Winter and M. De Vroey, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Banco Bilbao Vizcaya Argentaria, SA (Madrid, Spain)
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 15 July 2013 given in Case R 1581/2011-4.
Pleas in law and main arguments
Registered Community trade mark in respect of which an application for revocation has been made: The word mark ‘ARGENTARIA’ for goods and services in Classes 1 to 42 — Community trade mark No 159 707
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: Declared the cancellation proceedings closed following the surrender of the contested services by the CTM proprietor
Decision of the Board of Appeal: Dismissed the appeal as inadmissible
Pleas in law: Infringement of Articles 51 (1)(a) and 80 CTMR.