Action brought on 30 July 2013 – Dosen v OHIM – Gramm (Nano-Pad)

(Case T-396/13)

Language in which the application was lodged: German

Parties

Applicant: Franko Dosen (Berlin, Germany) (represented by: H. Losert, lawyer)

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

Other party to the proceedings before the Board of Appeal: Thomas Gramm (Bremen, Germany)

Form of order sought

Annul the decision of the Cancellation Division of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 September 2011 (Ref: 4204 C) in the form of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 May 2013 in Case R 1981/2011-4.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘Nano-Pad’ for goods in Class 17 – Community trade mark No 8 228 421

Proprietor of the Community trade mark: Franko Dosen

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

Grounds for the application for a declaration of invalidity: Absolute grounds for invalidity under Article 52(1)(a) and (b) of Regulation No 207/2009

Decision of the Cancellation Division: The application for a declaration of invalidity was granted in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009