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Case T-250/13: Action brought on 2 May 2013 — Naazneen Investments/OHIM — Energy Brands (SMART WATER)
ECLI:EU:UNKNOWN:62013TN0250
62013TN0250
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Official Journal of the European Union
C 207/39
(Case T-250/13)
2013/C 207/66
Language in which the application was lodged: English
Parties
Applicant: Naazneen Investments Ltd (Limassol, Cyprus) (represented by: P. Goldenbaum, I. Rohr and T. Melchert, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Energy Brands, Inc. (New York, United States)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal in Case R 1101/2011-2;
—Order the defendant to pay its own costs and those of the applicant.
Pleas in law and main arguments
Registered Community trade mark in respect of which an application for revocation has been made: The word mark ‘SMART WATER’, Community trade mark registration No 781 153
Proprietor of the Community trade mark: The applicant
Party applying for revocation of the Community trade mark: The other party to the proceedings before the Board of Appeal
Decision of the Cancellation Division: Revoked the Community trade mark
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 51(1)(a) of Council Regulation No 207/2009.