Action brought on 10 April 2013 - 1872 Holdings/OHIM - Havana Club International (THE SPIRIT OF CUBA)

(Case T-207/13)

Language in which the application was lodged: English

Parties

Applicant: 1872 Holdings vof (Amsterdam, Netherlands) (represented by: M. Antoine-Lalance, lawyer)

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

Other party to the proceedings before the Board of Appeal: Havana Club International, SA (Havana, Cuba)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Marked of 31 January 2013 in case R 684/2012-1;

Order the Office 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: The word mark "THE SPIRIT OF CUBA" for goods and services of classes 33, 35 and 42 − Community trade mark registration No 2 109 106

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The application of invalidity was based on Articles 52(1)(a) and 7 (1)(b), (c) and (g) of Council Regulation No 207/2009

Decision of the Cancellation Division: Declared the contested Community trade mark invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(c) of Council Regulation No 207/2009.

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