Action brought on 6 August 2012 - Aleris v OHIM - Carefusion 303 (ALARIS)

(Case T-353/12)

Language in which the application was lodged: English

Parties

Applicant: Aleris Holding AB (Stockolm, Sweden) (represented by: A. Kylhammar and K. Westerberg, lawyers)

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

Other party to the proceedings before the Board of Appeal: Carefusion 303, Inc. (San Diego, United States)

Form of order sought

Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) of 11 May 2012 (R 334/2011-5), as well as Section 2 of the Cancellation decision, and render a decision in accordance with the applicant's request; and

Order the respondent as the losing party to bear all costs and fees incurred by the applicant in the proceedings before the Cancellation Division, the Board of Appeal and 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 "ALARIS", for goods and services in classes 10, 37 and 42 - Community trade mark registration No 571521

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: Revoked the Community trade mark only in part

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of the fundamental principles that must be applied in revocation proceedings based on non-use. Infringement of Articles 15 and 9 of Council Regulation No 207/2009.

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