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Case T-638/15: Action brought on 12 November 2015 — Alcohol Countermeasure Systems (International) v OHIM — Lion Laboratories (ALCOLOCK)
ECLI:EU:UNKNOWN:62015TN0638
62015TN0638
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18.1.2016
EN
Official Journal of the European Union
C 16/50
(Case T-638/15)
(2016/C 016/60)
Language in which the application was lodged: English
Parties
Applicant: Alcohol Countermeasure Systems (International) Inc. (Toronto, Canada) (represented by: E. Baud, P. Marchiset, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Lion Laboratories Ltd (Barry, United Kingdom)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community word mark ‘ALCOLOCK’ — Community trade mark No 8 443 301
Procedure before OHIM: Invalidity proceedings
Contested decision: Decision of the First Board of Appeal of OHIM of 11 August 2015 in Case R 1323/2014-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—declare valid the CTM Trademark owned and registered in the name of Alcohol Countermeasure Systems (International), Inc.;
—order OHIM to pay the costs.
Pleas in law
—Infringement of Articles 8(2) and 15(2) of Regulation No 207/2009, Article 10(2) of Directive No 2008/95 and Article 19(2) of TRIPS, lack of motivation and misrepresentation of the facts;
—Infringement of Articles 57(2) and (3) of Regulation No 207/2009 and insufficient motivation;
—Infringement of Article 75 of Regulation No 207/2009 and of Article 296 TFEU and violation of the definition of genuine use pursuant to Regulation No. 207/2009.