Action brought on 12 June 2015 – IR v OHIM – Pirelli Tyre (popchrono)

(Case T-132/15)

Language in which the application was lodged: English

Parties

Applicants: IR (Caen, France) (represented by: C. de Marguerye, lawyer)

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

Other party to the proceedings before the Board of Appeal: Pirelli Tyre SpA (Milan, Italy)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community word mark ‘popchrono’ – Community trade mark No 4 177 267

Procedure before OHIM: Revocation proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 13 February 2015 in Case R 217/2014-5

Form of order sought

The applicant claims that the Court should:

receive its conclusions;

rescind the decision of 13 February 2015 of the Board of Appeal;

confirm the property rights of the trademark POPCHRONO;

order OHIM to pay the costs.

Pleas in law

Infringement of the right to be heard;

Narrow interpretation of “genuine use” by the Board of Appeal;

Resumption of genuine use of a community trademark in question should have been examined by OHIM according to pieces submitted by the applicant, including a prior license agreement for more than three months before the introduction of the revocation request;

OHIM’s failure to take account of the contempt of elementary rules of competition and not considered the will of obstruction of a party against the other party.

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