15.6.2013

EN

Official Journal of the European Union

C 171/34

(Case T-207/13)

2013/C 171/64

Language in which the application was lodged: English

Parties

Applicant: 1872 Holdings vof (Amsterdam, Netherlands) (represented by: M. Antoine-Lalance, lawyer)

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

Other party to the proceedings before the Board of Appeal: Havana Club International, SA (Havana, Cuba)

Form of order sought

The applicant claims that the Court should:

—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Marked of 31 January 2013 in case R 684/2012-1;

—Order the Office to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘THE SPIRIT OF CUBA’ for goods and services of classes 33, 35 and 42 — Community trade mark registration No 2 109 106

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The application of invalidity was based on Articles 52(1)(a) and 7 (1)(b), (c) and (g) of Council Regulation No 207/2009

Decision of the Cancellation Division: Declared the contested Community trade mark invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(c) of Council Regulation No 207/2009.