Action brought on 5 April 2013 - Nanu-Nana Joachim Hoepp/OHIM - Stal-Florez Botero (la nana)

(Case T-196/13)

Language in which the application was lodged: English

Parties

Applicant: Nanu-Nana Joachim Hoepp GmbH & Co. KG (Bremen, Germany) (represented by: T. Boddien, lawyer)

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

Other party to the proceedings before the Board of Appeal: Lina M. Stal-Florez Botero (Maarssen, Netherlands)

Form of order sought

The applicant claims that the Court should:

Annul the Decision of the First Board of Appeal of the Office of Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 29 January 2013 in case R 300/2012-1, relating to cancellation proceedings No. 000005025 C (Community trademark No. 005205125) between Nanu-Nana Joachim Hoepp GmbH & Co. KG and Lina M. Stal-Florez Botero h.o.d.n. La Nana;

Order the Defendant to bear the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark "la nana" for goods of classes 16, 20 and 24 − Community trade mark registration No 5 205 125

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

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

Grounds for the application for a declaration of invalidity: The grounds of the request for a declaration of invalidity were those laid down in Article 8(1)(b), in conjunction with Article 53(1)(a) of Council Regulation No 207/2009

Decision of the Cancellation Division: Rejected the request for invalidity in its entirety based on Article 57(2) and (3) of Council Regulation No 207/2009

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b), Article 57(2) and (3) and Article 78 (1)(f) of Council Regulation No 207/2009.

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