Action brought on 15 October 2012 - Stromberg Menswear v OHIM - Leketoy Stormberg Inter (STORMBERG)

(Case T-451/12)

Language in which the application was lodged: English

Parties

Applicant: Stromberg Menswear Ltd (Leeds, United Kingdom) (represented by: A. Tsoutsanis, lawyer, and C. Tulley, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Leketoy Stormberg Inter AS (Kristiansand S, Norway)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 August 2012 in case R 389/2012-4;

Alter the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 August 2012 in case R 389/2012-4 and grant the request for re-establishment of rights, and i) primarily, annul the decision of the Cancellation Division of 11 January 2011 to terminate the revocation proceedings under No 4054 C and order the Cancellation Division to re-open the revocation proceedings under No 4054 C and invite Stromberg Menswear to submit observations to continue the revocation proceedings, or, ii) alternatively, allow Stromberg Menswear to appeal the decision of the Cancellation Division of 11 January 2011 to close the revocation proceedings and refer the appeal back to the Board of Appeal; and

Order OHIM to pay any and all costs and legal fees incurred by Stromberg Menswear in connection with the proceedings before the Board of Appeal and before the General Court.

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: The word mark "STORMBERG", for goods and services in class 25 - Community trade mark registration No 2557155

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: Declared the cancellation proceedings closed following a surrender of the contested CTM by its proprietor

Decision of the Board of Appeal: Rejected the request for restitution in integrum into the time limit for filing the notice of appeal and declared that the appeal was deemed not having been filed

Pleas in law:

-    Infringement of Article 81 of Council Regulation No 207/2009;

-    Infringement of Articles 75 and/or 76 of Council Regulation No 207/2009.

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