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Case T-37/13: Action brought on 22 January 2013 — Exakt Advanced Technologies v OHIM — Exakt Precision Tools (EXAKT)
ECLI:EU:UNKNOWN:62013TN0037
62013TN0037
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23.3.2013
EN
Official Journal of the European Union
C 86/23
(Case T-37/13)
2013/C 86/38
Language in which the application was lodged: German
Parties
Applicant: Exakt Advanced Technologies GmbH (Norderstedt, Germany) (represented by: A. von Bismarck, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Exakt Precision Tools Ltd (Aberdeen, United Kingdom)
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 Market (Trade Marks and Designs) of 29 October 2012 in Case R 1764/2011-1;
—Order the intervener to pay the costs including those incurred in the course of the appeal proceedings.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: the figurative mark including the word element ‘EXAKT’ for goods and services in Classes 7, 9 and 37 — Community trade mark No 3 996 592
Proprietor of the Community trade mark: the applicant
Applicant for the declaration of invalidity of the Community trade mark: Exakt Precision Tools Ltd
Grounds for the application for a declaration of invalidity: the figurative mark including the word element ‘EXAKT’ for goods in Classes 7, 8 and 9
Decision of the Cancellation Division: the application was upheld
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009