Action brought on 1 December 2008 - Granuband v OHIM - Granuflex (GRANUflex)

(Case T-534/08)

Language in which the application was lodged: Dutch

Parties

Applicant: Granuband BV (Amsterdam, Netherlands) (represented by: M. Ellens, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Granuflex Ipari és Kereskedelmi Kft (Budapest, Hungary)

Form of order sought

Annul, or at least review, the decision of OHIM of 15 September 2008, served on 24 September 2008, on grounds of infringement of the provisions of Article 52(1), in conjunction with Article 8(4), of Regulation No 40/94, and order the defendant to pay the costs of the 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 GRANUFLEX for goods in Classes 17, 19 and 27 - Community Trade Mark No 943118

Proprietor of the Community trade mark: Granuband BV

Applicant for the declaration of invalidity of the Community trade mark: Granuflex Ipari és Kereskedelmi Kft.

Trade-mark right of applicant for the declaration of invalidity: commercial designation GRANUFLEX for goods and services in Classes 17, 19, 27 and 37

Decision of the Cancellation Division: declaration that the Community trade mark is invalid

Decision of the Board of Appeal: dismissal of the appeal brought by the applicant

Pleas in law: breach of Articles 52(1)(c) and 8(4) of Regulation No 40/94.

____________