Action brought on 24 October 2013 – FSA v OHIM - Motokit Veículos e Acessórios (FSA K-FORCE)

(Case T-558/13)

Language in which the application was lodged: English

Parties

Applicant: FSA Srl (Busnago, Italy) (represented by: M. Locatelli and M. Cartella, lawyers)

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

Other party to the proceedings before the Board of Appeal: Motokit Veículos e Acessórios, SA (Vagos, Portugal)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 August 2013 given in Case R 436/2012-2;

Order that the word mark FSA K-FORCE be registered;

Order the defendant and the intervener to pay 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 word mark FSA K-FORCE – Community trade mark registration No 9 191 909

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: The grounds were those laid down in Article 53(1)(a) CTMR in conjunction with Article 8(1)(b) CTMR

Decision of the Cancellation Division: Declared the registration of the CTM invalid

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) CTMR and Article 75 CTMR.