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Case T-186/14: Action brought on 21 March 2014 — Atlantic Multipower Germany v OHIM — Nutrichem Diät + Pharma (NOxtreme)
ECLI:EU:UNKNOWN:62014TN0186
62014TN0186
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Valentina R., lawyer
12.5.2014
EN
Official Journal of the European Union
C 142/53
(Case T-186/14)
2014/C 142/68
Language in which the application was lodged: German
Parties
Applicant: Atlantic Multipower Germany GmbH & Co. OHG (Hamburg, Germany) (represented by: W. Berlit, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Nutrichem Diät + Pharma GmbH (Roth, Germany)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 January 2014 in Case R 764/2013-4;
—Annul the decision of the Cancellation Division of 12 April 2013 (filing No: 6333C);
—Order the intervener to pay the costs including those incurred in the course of the appeal proceedings.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘NOxtreme’ for goods in Classes 5, 29, 30 and 32 — Community trade mark No 10 177 889
Proprietor of the Community trade mark: the applicant
Applicant for the declaration of invalidity of the Community trade mark: Nutrichem Diät + Pharma GmbH
Grounds for the application for a declaration of invalidity: the national and Community figurative marks, including the word element ‘X-TREME’, for goods in Classes 5, 29 and 32
Decision of the Cancellation Division: the application for a declaration of invalidity was granted
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law:
—Infringement of Article 57(2) and (3) in conjunction with Article 42(2) and (3) of Regulation No 207/2009;
—Infringement of Article 8(1)(b) of Regulation No 207/2009