Action brought on 19 January 2009 - Stella Kunststofftechnik v OHIM

(Case T-27/09)

Language in which the application was lodged: German

Parties

Applicant: Stella Kunststofftechnik GmbH (Eltville, Germany) (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: Stella Pack Sp. z o. o. (Lubartow, Republic of Poland)

Form of order sought

annul the decision of the Fourth Board of Appeal of 13 November 2008, notified on 19 November 2008, and hold that the application of 22 December 2006 for a declaration of revocation ought to have been dismissed as being inadmissible;

in the alternative, suspend the decision on the application for a declaration of revocation of 22 December 2006 until the opposition proceedings in opposition B 863177 have been concluded in law, and at the same time annul the decision of 13 November 2008 and that of the Cancellation Division of 27 February 2008;

order the intervener to pay the recoverable costs, including those of the initial proceedings and of the defendant.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of revocation has been sought: the word mark 'Stella' for goods in Classes 6, 8, 16, 20 and 21 (Community trade mark No 15 479)

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of revocation: Stella Pack Sp. z o. o

Decision of the Cancellation Division: declaration of revocation of the Community trade mark concerned for certain goods in Classes 6, 8, 16 and 20

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

Pleas in law: Failure to have regard for the conditions governing admissibility in Regulation (EC) No 40/94 ¹ and Regulation (EC) No 2868/95 ² which must automatically be complied with in proceedings for a declaration of revocation

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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).

² - Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1).