Action brought on 23 January 2013 - ECC Couture v OHIM - Ball Wholesale (Culture)

(Case T-28/13)

Language in which the application was lodged: Dutch

Parties

Applicant: ECC Couture BV (Oldenzaal, Netherlands) (represented by: M.A.S.M. van Leent and I. de Jonge, lawyers)

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

Other party to the proceedings before the Board of Appeal: Ball Wholesale ApS (Billund, Denmark)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 October 2012 in Case R 290/2012-1 in so far as the applicant has been unsuccessful under that decision and in so far as the applicant is ordered to pay the costs;

declare that Community Trade Mark No 993 511 in respect of the figurative mark 'Culture' is valid for all goods and services that were the subject of the procedure before the Board of Appeal;

order OHIM to pay all the costs of the proceedings in accordance with Article 87(2) of the Rules of Procedure.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: International registration designating the European Union of figurative mark 'Culture' for goods in Classes 14, 18 and 25 - Community trade mark No 993 511

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: Ball Wholesale ApS

Grounds for the application for a declaration of invalidity: National word mark 'CULTURE' for goods in Classes 14, 25 and 26

Decision of the Cancellation Division: Application refused

Decision of the Board of Appeal: Appeal allowed in part

Pleas in law: Infringement of Article 8(1)(b) and Article 8(2)(c) of Regulation No 207/2009

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