Action brought on 18 September 2013 – ASPA v OHIM – Banco Bilbao Vizcaya Argentaria (ARGENTARIA)

(Case T-502/13)

Language in which the application was lodged: English

Parties

Applicant: Argenta Spaarbank NV (ASPA) (Antwerp, Belgium) (represented by: K. De Winter and M. De Vroey, lawyers)

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

Other party to the proceedings before the Board of Appeal: Banco Bilbao Vizcaya Argentaria, SA (Madrid, Spain)

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 15 July 2013 given in Case R 1581/2011-4.

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: The word mark “ARGENTARIA” for goods and services in Classes 1 to 42 – Community trade mark No 159 707

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: Declared the cancellation proceedings closed following the surrender of the contested services by the CTM proprietor

Decision of the Board of Appeal: Dismissed the appeal as inadmissible

Pleas in law: Infringement of Articles 51 (1)(a) and 80 CTMR.