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Case T-580/12: Action brought on 27 December 2012 — Yaqub/OHIM — Turkey (ATATURK)
ECLI:EU:UNKNOWN:62012TN0580
62012TN0580
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16.3.2013
EN
Official Journal of the European Union
C 79/21
(Case T-580/12)
2013/C 79/37
Language in which the application was lodged: English
Parties
Applicant: J. Yaqub (Nottingham, United Kingdom) (represented by: J. Jenkins, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Republic of Turkey
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the second board of appeal of the 17 September 2012.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘ATATURK’ for goods in classes 3, 5, 25, 29, 30 and 32 (Community trade mark 4 633 434)
Proprietor of the Community trade mark: The applicant
Applicant for the declaration of invalidity of the Community trade mark: Republic of Turkey
Grounds for the application for a declaration of invalidity: The request for a declaration of invalidity was based on grounds for refusal pursuant to Article 52(1)(a) in conjunction with Articles 7(1)(b) and (f) of Council Regulation No 207/2009
Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity
Decision of the Board of Appeal: Upheld the appeal
Pleas in law: Infringement of the Council Regulation No 207/2009.