Action brought on 13 December 2012 - Optilingua holding SA v OHIM - Esposito (ALPHATRAD)

(Case T-538/12)

Language in which the application was lodged: French

Parties

Applicant: Optilingua holding SA (Epalinges, Switzerland) (represented by: S. Rizzo, lawyer)

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

Other party to the proceedings before the Board of Appeal: Michele Esposito (Cava de' Tirreni SA, Italy)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 October 2012 in Case R 444/2011-1;

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: Figurative mark including the word element 'ALPHATRAD' for services in Classes 35, 38, 41 and 42 - Community trade mark No 617 316

Proprietor of the Community trade mark: The applicant

Party applying for revocation of the Community trade mark: Esposito

Decision of the Cancellation Division: The application for revocation is upheld

Decision of the Board of Appeal: The appeal is dismissed

Pleas in law: Infringement of Article 15(1)(2)(a), in conjunction with Article 51(1)(a) of Regulation No 207/2009

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