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Case T-624/14: Action brought on 12 August 2014 — Bice International v OHIM — Bice (bice)
ECLI:EU:UNKNOWN:62014TN0624
62014TN0624
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Official Journal of the European Union
C 351/28
(Case T-624/14)
2014/C 351/36
Language in which the application was lodged: English
Parties
Applicant: Bice International Ltd (Dubai, United Arabs Emirates) (represented by: N. Gibb, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Bice AG (Baar, Switzerland)
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 23 May 2014 given in Case R 1249/2013-1.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘bice’ for goods and services in Classes 29, 30 and 43 — Community trade mark registration No 5 1 26 693
Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
Applicant for the declaration of invalidity of the Community trade mark: The applicant
Grounds for the application for a declaration of invalidity: It was alleged that the CTM application was filed in bad faith, within the meaning of Article 52(1)(b) CTMR and registered in breach of Article 53(1)(a) in conjunction with Article 8(1)(a) and 8(1)(b) CTMR
Decision of the Cancellation Division: Rejected the request for invalidity in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 52(1)(b), 53(1)(a) in conjunction with 8(1)(a) and 8(1)(b) CTMR.