Action brought on 28 May 2013 – Nordex Holding/OHIM – Fontana Food (Taverna MEDITERRANEAN WHITE CHEESE)

(Case T-301/13)

Language in which the application was lodged: English

Parties

Applicant: Nordex Holding A/S (Dronninglund, Denmark) (represented by: M. Kleis, lawyer)

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

Other party to the proceedings before the Board of Appeal: Fontana Food AB (Tyresö, Sweden)

Form of order sought

The applicant claims that the Court should:

Annul the First Board of Appeal’s decision of 1 March 2013 in Case R 2604/2011-1;

Annul the Cancellation Division’s decision of 21 October 2011 No 4892 C, which preceded the adoption of the contested decision;

Order the Office to pay the costs, including those incurred in the appeal proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark containing the word elements “Taverna MEDITERRANEAN WHITE CHEESE” − Community trade mark registration No 3 600 285

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 of the request for a declaration of invalidity were those laid down in Articles 53(1)(a) and 8(1)(b) of Council Regulation No 207/2009

Decision of the Cancellation Division: Declared the contested Community trade mark partially invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 53(1)(a) in conjunction with 8(1)(b) of Council Regulation No 207/2009.