Action brought on 16 September 2013 – Nanu-Nana Joachim Hoepp v OHIM – Vincci Hoteles (NAMMU)

(Case T-498/13)

Language in which the application was lodged: English

Parties

Applicant: Nanu-Nana Joachim Hoepp GmbH & Co. KG (Bremen, Germany) (represented by: A. Nordemann, lawyer)

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

Other party to the proceedings before the Board of Appeal: Vincci Hoteles, SA (Alcobendas, Spain)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 June 2013 given in Case R 611/2012-1; and

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark “NAMMU” for gods and services in Classes 3, 32 and 44 – Community trade mark registration No 5 238 704

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 application was based on Article 8(1)(b), in conjunction with Article 53(1)(a) CTMR

Decision of the Cancellation Division: Rejected the request for invalidity in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 57 (2) and (3) CTMR.