Action brought on 22 April 2013 - HTC Sweden/OHIM - Vermop Salmon (TWISTER)

(Case T-230/13)

Language in which the application was lodged: English

Parties

Applicant: HTC Sweden AB (Söderköping, Sweden) (represented by: G. Hasselblatt and D. Kipping, lawyers)

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

Other party to the proceedings before the Board of Appeal: Vermop Salmon GmbH (Gilching, Germany)

Form of order sought

The applicant claims that the Court should:

Overturn the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 January 2013, joined Cases R 1873/2011-1 and R 1881/2011-1;

Order OHIM to bear its own costs as well as the costs of the applicant.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark "TWISTER" for goods in classes 3, 7 and 21 − Community trade mark registration No 4 617 932

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 application of invalidity was based on 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 partially

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

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