Action brought on 27 December 2012 - Yaqub/OHIM - Turkey (ATATURK)

(Case T-580/12)

Language in which the application was lodged: English

Parties

Applicant: J. Yaqub (Nottingham, United Kingdom) (represented by: J. Jenkins, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Republic of Turkey

Form of order sought

The applicant claims that the Court should:

Annul the decision of the second board of appeal of the 17 September 2012.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark "ATATURK" for goods in classes 3, 5, 25, 29, 30 and 32 (Community trade mark 4 633 434)

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: Republic of Turkey

Grounds for the application for a declaration of invalidity: The request for a declaration of invalidity was based on grounds for refusal pursuant to Article 52(1)(a) in conjunction with Articles 7(1)(b) and (f) of Council Regulation No 207/2009

Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity

Decision of the Board of Appeal: Upheld the appeal

Pleas in law: Infringement of the Council Regulation No 207/2009.

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