Action brought on 15 April 2013 - Deutsche Rockwool Mineralwoll/OHIM - Recticel (Lambda)

(Case T-215/13)

Language in which the application was lodged: English

Parties

Applicant: Deutsche Rockwool Mineralwoll GmbH & Co. OHG (Gladbeck, Germany) (represented by: J. Krenzel, lawyer)

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

Other party to the proceedings before the Board of Appeal: Recticel SA (Brussels, Belgium)

Form of order sought

The applicant claims that the Court should:

Set aside the decision of the defendant, R 112/2012-5, and

Impose the costs on the defendant.

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: The figurative mark representing the Greek letter lambda in red and white colours, Community trade mark registration No 2 960 789

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Party applying for revocation of the Community trade mark: The applicant

Decision of the Cancellation Division: Partially revoked the Community trade mark

Decision of the Board of Appeal: Partially dismissed the appeal

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

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