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Case T-170/13: Action brought on 21 March 2013 — Benelli Q.J./OHIM — Demharter (MOTOBI)
ECLI:EU:UNKNOWN:62013TN0170
62013TN0170
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25.5.2013
Official Journal of the European Union
C 147/27
(Case T-170/13)
2013/C 147/49
Language in which the application was lodged: English
Parties
Applicant: Benelli Q.J. Srl (Pesaro, Italy) (represented by: P. Lukácsi, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Demharter GmbH (Dillingen, Germany)
Form of order sought
The applicant claims that the Court should:
—Alter the defendant’s decision and order the dismissal of the application for revocation filed by the cancellation applicant;
—Annul the defendant’s decision and remit the case to OHIM for further examination and a new decision should the Court consider that it is inevitable to conduct another thorough analysis of the evidence of genuine use;
—Order the defendant to pay the applicant’s costs.
Pleas in law and main arguments
Registered Community trade mark in respect of which an application for revocation has been made: The word mark ‘MOTOBI’ for goods in class 12 — Community trade mark registration No 835 264
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.