Action brought on 20 June 2008 - Iranian Tobacco v OHIM - AD Bulgartabac (TIR 20 FILTER CIGARETTES)

(Case T-245/08)

Language in which the application was lodged: German

Parties

Applicant: Iranian Tobacco Company (Tehran, Iran) (represented by: M. Beckensträter, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: AD Bulgartabac Holding (Sofia, Bulgaria)

Form of order sought

annul the decision of the First Board of Appeal of 11 April 2008 (Case R 708/2007-1), notified on 21 April 2008;

order the third party to pay the refundable costs, including those of the main proceedings and of the defendant;

in the alternative, annul the decision of 11 April 2008 and that of 7 March 2007 - 1414C - and hold the third party's application of 8 November 2005 to be inadmissible.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the figurative mark 'TIR 20 FILTER CIGARETTES' for goods in Class 34 (Community trade mark No 400 804).

Proprietor of the Community trade mark: the applicant.

Applicant for the declaration of invalidity: AD Bulgartabac Holding.

Decision of the Cancellation Division: cancellation of the relevant Community trade mark.

Decision of the Board of Appeal: dismissal of the applicant's appeal.

Pleas in law: conditions of admissibility to be taken into consideration ex officio by OHIM concerning AD Bulgartabac Holding's application were not examined, contrary to Community law, to Regulation (EC) No 40/94¹ and to other procedural principles.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).