Action brought on 3 April 2014 – Klement v OHIM – Bullerjan (Form of an oven)

(Case T-211/14)

Language in which the application was lodged: English

Parties

Applicant: Toni Klement (Dippolddiswalde, Germany) (represented by: J. Weiser, lawyer)

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

Other party to the proceedings before the Board of Appeal: Bullerjan GmbH (Isernhagen-Kirchhorst, Germany)

Form of order sought

The applicant claims that the Court should:

Alter the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 January 2014 in Case R 927/2013-1, so that the appeal brought by the applicant is upheld and CTM 3723822 is revoked in its entirety;

In the alternative, annul the contested decision;

Order OHIM, and as the case may be, the CTM proprietor/possible intervener to pay the costs for these proceedings and of the appeal procedure before OHIM.

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: Three-dimensional mark representing an oven for goods in Class 11 – Community trade mark registration No 3 723 822

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: Rejected the application for revocation

Decision of the Board of Appeal: Dismissed the appeal

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