Action brought on 19 August 2013 – Métropole Gestion v OHIM – Metropol (METROPOL)

(Case T-431/13)

Language in which the application was lodged: French

Parties

Applicant: Métropole Gestion (Paris, France) (represented by: M.-A. Roux Steinkühler, lawyer)

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

Other party to the proceedings before the Board of Appeal: Metropol Investment Financial Company Ltd (Moscow, Russia)

Form of order sought

Declare the action admissible and well-founded, and, as a consequence;

Annul in part the contested decision, in that it refused to declare the invalidity of the Community trade mark at issue based on the marks Nos 02 3 167 081, No 02 3 167 084 and No 794 040, and the other unregistered signs;

Uphold the contested decision, in that it declared the invalidity in part of mark No 3 590 981 on the basis of the earlier mark No 02 3 143 685;

Order OHIM to pay the costs. 

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘METROPOL’ for the goods and services in Classes 9, 35, 36 and 42 – Community trade mark No 3 590 981

Proprietor of the Community trade mark: Metropol Investment Financial Company Ltd

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: National word mark ‘METROPOLE’ and national and international figurative marks ‘METROPOLE gestion’ for the services in Class 36

Decision of the Cancellation Division: The application is rejected in part

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 53(1)(a) and of Article 8(1)(b) of Regulation No 207/2009.