Action brought on 3 June 2013 – LemonAid Beverages/OHIM – Pret a Manger (Europe) (Lemonaid)

(Case T-298/13)

Language in which the application was lodged: English

Parties

Applicant: LemonAid Beverages GmbH (Hamburg, Germany) (represented by: U. Lüken and J. Natzel, lawyers)

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

Other party to the proceedings before the Board of Appeal: Prêt à Manger (Europe) Ltd (London, United Kingdom)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of OHIM of 13 March 2013 (Case R 276/2012-2) by which the Second Board of Appeal upheld the decision of the Cancellation Division to declare the CTM No 007089444 invalid with regard to the contested goods in classes 32 and 33 and the corresponding decision of the Cancellation Division of OHIM of 20 December 2011 (Case 4123 C);

Dismiss the application for a declaration of invalidity dated 7 January 2010 against the CTM No 007089444 in its entirety;

Order OHIM 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 “Lemonaid”− Community trade mark registration No 7 089 444

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The grounds of the request for a declaration of invalidity were those laid down in Articles 53(1)(c) and 8(4) of Council Regulation No 207/2009

Decision of the Cancellation Division: Declared the contested Community trade mark invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 53(1) in conjunction with 8(4) of Council Regulation No 207/2009.