Action brought on 23 August 2013 – CEDC International v OHIM - Fabryka Wódek Polmos Łańcut (WISENT)

(Case T-449/13)

Language in which the application was lodged: English

Part

Fabryka Wódek Polmos Łańcut S.A. (Łańcut, Poland)Form of order soughtThe applicant claims that the Court shoul

d:Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation i

n the Internal Market (Trade Marks and Designs) of 10 June 2013 given in Case R 33/2012-4;Order the defendant and the other party to the proceedings before the Board of Appeal to pay the costs of proceedings.Pleas in law and main argumentsRegistered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark in colours green, red and gold, repres

ańcut, Poland)Form o

f order soughtThe 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 10 June 2013

le 53(1)(a) in conjunction with Article 8(1)(b) and 8(5) of Council Regulation (EC) No 207/2009 of 26 February 2009 on

the Community trade mark (CTMR)

¹ Decision of the Cancellation Division: Declared the contested Community trade mark invalidDecision of the Board of Appeal: Annulled the contested decisionPleas in law: Infringement of Articles 53(1)(a), 8(1)(b), 8(5) in conjunction with 76(1), 75, 76(1) and (2) CTMR.