Action brought on 2 December 2013 – Wolverine International v OHIM – BH Stores (cushe)

(Case T-642/13)

Language in which the application was lodged: English

Parties

Applicant: Wolverine International, LP (Grand Cayman, Cayman Islands) (represented by: M. Plesser and R. Heine, lawyers)

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

Other party to the proceedings before the Board of Appeal: BH Stores BV (Curaçao, Netherlands Antilles)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 30 September 2013 given in Case R 1269/2012-4;

Reject the request for a declaration of invalidity;

Order the defendant to bear the costs of proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark containing the verbal element “cushe” for goods in Class 25 – International Registration No 859 087 designating the European Union

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: Likelihood of confusion pursuant to Article 53(1)(a) in conjunction with Article 8(1)(b) CTMR

Decision of the Cancellation Division: Rejected the application for a declaration of invalidity

Decision of the Board of Appeal: Annulled the contested decision and declared the contested IR designating the European Union invalid

Pleas in law: Infringement of Article 8(1)(b) and Article 57(2) and (3) CTMR