Action brought on 12 June 2008 - Iranian Tobacco v OHIM - AD Bulgartabac (Bahman)
(Case T-223/08)
Language in which the application was lodged: German
Parties
Applicant: Iranian Tobacco Company (Teheran, Iran) (represented by: M. Beckensträter, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: AD Bulgartabac Holding (Sofia, Bulgaria)
Forms of order sought
Annul the decision of the First Board of Appeal of 10 April 2008 - R 709/2007-1, notified on 15 April 2008;
Order AD Bulgartabac Holding to pay the reimbursable costs, including those of the main proceedings and including those of the defendant;
In the alternative, while annulling the decision of 10 April 2008 and that of 7 March 2007 - 1415C - declare that the application by AD Bulgartabac Holding of 8 November 2005 was inadmissible.
Pleas in law and main arguments
Registered Community trade mark in respect of which revocation was applied for: the figurative mark 'Bahman' for goods in Class 34 (Community trade mark No 427 336).
Proprietor of the Community trade mark: Iranian Tobacco Company.
Applicant in the revocation proceedings: AD Bulgartabac Holding.
Decision of the Cancellation Division: Decision declaring the Community trade mark concerned to be revoked.
Decision of the Board of Appeal: Dismissal of the applicant's appeal.
Pleas in law: The admissibility requirements concerning the application by AD Bulgartabac Holding which OHIM is obliged to consider of its own motion were not taken into account, contrary to Community law, Regulation (EC) No 40/94
1 and other principles of procedure.
____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).