Action brought on 24 May 2013 – Husky CZ/OHIM – Husky of Tostock (HUSKY)

(Case T-287/13)

Language in which the application was lodged: English

Parties

Applicant: Husky CZ s.r.o. (Prague, Czech Republic) (represented by: L. Lorenc, lawyer)

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

Other party to the proceedings before the Board of Appeal: Husky of Tostock Ltd (Woodbridge, United Kingdom)

Form of order sought

The applicant claims that the Court should:

Annul the contested decision of OHIM’s First Board of Appeal of 14 March 2013;

Order OHIM and Husky of Tostock Limited to pay all costs and expenses.

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: The word mark “HUSKY” for goods in classes 3, 9, 14, 16, 18 and 25 − Community trade mark No 152 546

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

Party applying for revocation of the Community trade mark: The applicant

Decision of the Cancellation Division: Partially revoked the Community trade mark registration

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 51(1)(a) of Council Regulation No 207/2009.