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Case T-215/13: Action brought on 15 April 2013 — Deutsche Rockwool Mineralwoll/OHIM — Recticel (Lambda)
ECLI:EU:UNKNOWN:62013TN0215
62013TN0215
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22.6.2013
EN
Official Journal of the European Union
C 178/12
(Case T-215/13)
2013/C 178/23
Language in which the application was lodged: English
Parties
Applicant: Deutsche Rockwool Mineralwoll GmbH & Co. OHG (Gladbeck, Germany) (represented by: J. Krenzel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Recticel SA (Brussels, Belgium)
Form of order sought
The applicant claims that the Court should:
—Set aside the decision of the defendant, R 112/2012-5, and
—Impose the costs on the defendant.
Pleas in law and main arguments
Registered Community trade mark in respect of which an application for revocation has been made: The figurative mark representing the Greek letter lambda in red and white colours, Community trade mark registration No 2 960 789
Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
Party applying for revocation of the Community trade mark: The applicant
Decision of the Cancellation Division: Partially revoked the Community trade mark
Decision of the Board of Appeal: Partially dismissed the appeal
Pleas in law: Infringement of Article 51(1)(a) of Council Regulation No 207/2009.