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Case T-498/13: Action brought on 16 September 2013 — Nanu-Nana Joachim Hoepp v OHIM — Vincci Hoteles (NAMMU)
ECLI:EU:UNKNOWN:62013TN0498
62013TN0498
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23.11.2013
EN
Official Journal of the European Union
C 344/62
(Case T-498/13)
2013/C 344/115
Language in which the application was lodged: English
Parties
Applicant: Nanu-Nana Joachim Hoepp GmbH & Co. KG (Bremen, Germany) (represented by: A. Nordemann, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Vincci Hoteles, SA (Alcobendas, Spain)
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 27 June 2013 given in Case R 611/2012-1; and
—Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘NAMMU’ for gods and services in Classes 3, 32 and 44 — Community trade mark registration No 5 238 704
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: The application was based on Article 8(1)(b), in conjunction with Article 53(1)(a) 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 Article 57 (2) and (3) CTMR.