Action brought on 27 December 2013 – Steinbeck v OHIM – Alfred Sternjakob (BE HAPPY)

(Case T-709/13)

Language in which the application was lodged: German

Parties

Applicant: Steinbeck GmbH (Fulda, Germany) (represented by: M. Heinrich and M. Fischer, lawyers)

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

Other party to the proceedings before the Board of Appeal: Alfred Sternjakob GmbH & Co. KG (Frankenthal, Germany)

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 Market (Trade Marks and Designs) of 17 October 2013 in Case R 32/2013-1;

Order the defendant to pay the costs including those incurred in the course of the appeal proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘BE HAPPY’ for goods in Classes 16, 21, 28 and 30 – Community trade mark No 5 310 057

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: Alfred Sternjakob GmbH & Co. KG

Grounds for the application for a declaration of invalidity: the absolute grounds for invalidity under Article 52(1)(a) of Regulation No 207/2009 in conjunction with Article 7(1)(b) and (c) of that regulation

Decision of the Cancellation Division: the application for a declaration of invalidity was granted

Decision of the Board of Appeal: the appeal was dismissed

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