Action brought on 8 April 2013 - Stance/OHIM - Pokarna (STANCE)

(Case T-206/13)

Language in which the application was lodged: English

Parties

Applicant: Stance, Inc. (San Clemente, United States) (represented by: R. Kunze and G. Würtenberger, lawyers)

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

Other party to the proceedings before the Board of Appeal: Pokarna Ltd (Secundrabad, India)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fifth Board of Appeal of 1 February 2013 in Case R 885/2012-5 pertaining to the opposition based on Community trademark registration No. 005 491 329 against Community trademark application No. 008 957 516 "STANCE";

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "STANCE" for goods in class 25 - Community trade mark application 8 957 516

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration of the black and white figurative mark "STANZA", for goods and services in classes 25 et 35

Decision of the Opposition Division: Upheld the opposition for all the contested goods

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 65, 8(1)(b), 75, 76(1), (2) and 83 of Council Regulation No 207/2009.

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