15.6.2013

EN

Official Journal of the European Union

C 171/34

(Case T-206/13)

2013/C 171/63

Language in which the application was lodged: English

Parties

Applicant: Stance, Inc. (San Clemente, United States) (represented by: R. Kunze and G. Würtenberger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Pokarna Ltd (Secundrabad, India)

Form of order sought

The applicant claims that the Court should:

—Annul the decision of the Fifth Board of Appeal of 1 February 2013 in Case R 885/2012-5 pertaining to the opposition based on Community trademark registration No. 005 491 329 against Community trademark application No. 008 957 516‘STANCE’;

—Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘STANCE’ for goods in class 25 — Community trade mark application 8 957 516

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration of the black and white figurative mark ‘STANZA’, for goods and services in classes 25 et 35

Decision of the Opposition Division: Upheld the opposition for all the contested goods

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 65, 8(1)(b), 75, 76(1), (2) and 83 of Council Regulation No 207/2009.