Action brought on 4 October 2013 – Panrico v OHIM – HDN Development (Krispy Kreme DOUGHNUTS)

(Case T-534/13)

Language in which the application was lodged: Spanish

Parties

Applicant: Panrico, SA (Barcelona, Spain) (represented by: D. Pellisé Urquiza, lawyer)

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

Other party to the proceedings before the Board of Appeal: HDN Development Corp. (Frankfort, United States of America)

Form of order sought

The applicant claims that the General Court should:

declare the present action admissible;

set aside the decision of 25 July 2013 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market in Case R 623/2011-4, notified to the applicant on 29 July 2013; and

declare invalid Community trade mark No 1 298 785 ‘KRISPY KREME DOUGHNUTS’.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark ‘Krispy Kreme DOUGHNUTS’ for products and services in Classes 25, 30 and 42 – Registered Community trade mark No 1 298 785

Proprietor of the Community trade mark: HDN Development Corp.

Applicant for the declaration of invalidity of the Community trade mark: Applicant

Grounds for the application for a declaration of invalidity: Infringement of Article 8(1)(b) of Regulation No 207/2009 in conjunction with Article 53(1)(a) of that regulation

Decision of the Cancellation Division: Dismissal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 in conjunction with Article 53(1)(a) of that regulation