Action brought on 25 January 2013 - Think Schuhwerk v OHIM - Müller (VOODOO)

(Case T-50/13)

Language in which the application was lodged: German

Parties

Applicant: Think Schuhwerk GmbH (Kopfing, Austria) (represented by: M. Gail, lawyer)

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

Other party to the proceedings before the Board of Appeal: Andreas Müller (Ulm, Germany)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 November 2012 in Case R 474/2012-4;

Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark 'VOODOO' for goods in Class 25 - Community trade mark No 5 832 464

Proprietor of the Community trade mark: Andreas Müller

Applicant for the declaration of invalidity of the Community trade mark: the applicant

Grounds for the application for a declaration of invalidity: Infringement of Article 52(1)(a) in conjunction with Article 7(1)(b) and (c) of Regulation No 207/2009 and infringement of Article 52(1)(b) of Regulation No 207/2009

Decision of the Cancellation Division: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 52(1)(a) in conjunction with Article 7(1)(b) and (c) of Regulation No 207/2009 and infringement of Article 52(1)(b) of Regulation No 207/2009

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