Action brought on 2 May 2013 – Naazneen Investments/OHIM – Energy Brands (SMART WATER)

(Case T-250/13)

Language in which the application was lodged: English

Parties

Applicant: Naazneen Investments Ltd (Limassol, Cyprus) (represented by: P. Goldenbaum, I. Rohr and T. Melchert, lawyers)

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

Other party to the proceedings before the Board of Appeal: Energy Brands, Inc. (New York, United States)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal in Case R 1101/2011-2;

Order the defendant to pay its own costs and those of the applicant.

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: The word mark “SMART WATER”, Community trade mark registration No 781 153

Proprietor of the Community trade mark: The applicant

Party applying for revocation of the Community trade mark: The other party to the proceedings before the Board of Appeal

Decision of the Cancellation Division: Revoked the Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 51(1)(a) of Council Regulation No 207/2009.