Action brought on 30 October 2013 – Zehnder v OHIM – UAB "Amalva" (komfovent)

(Case T-577/13)

Language in which the application was lodged: English

Parties

Applicant: Zehnder Verkaufs- und Verwaltungs-AG (Gränichen, Switzerland) (represented by: J. Krenzel, lawyer)

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

Other party to the proceedings before the Board of Appeal: UAB "Amalva" (Vilnius, Lithuania)

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 29 August 2013 given in Case R 255/2012-4;

Order the other parties to the proceedings 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 figurative mark in black and white containing the word element “komfovent” for goods in Class 11 – Community trade mark registration No 4 635 272

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

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

Grounds for the application for a declaration of invalidity: The grounds were those laid down in Article 53(1)(a) in conjunction with Article 8(1)(b) CTMR

Decision of the Cancellation Division: Declared the contested CTM invalid

Decision of the Board of Appeal: Annulled the contested decision and rejected the application for a declaration of invalidity

Pleas in law: Infringement of Articles 8(1)(b) and 75 CTMR.