Action brought on 21 March 2013 - Benelli Q.J./OHIM - Demharter (MOTOBI B PESARO)

(Case T-171/13)

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 figurative mark "MOTOBI B PESARO" for goods in classes 9, 12 and 25 − Community trade mark registration No 2 262 269

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.

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