Action brought on 5 February 2013 - Three-N-Products Private v OHIM - Munindra Holding (AYUR)

(Case T-63/13)

Language in which the application was lodged: French

Parties

Applicant: Three-N-Products Private Ltd (New Delhi, India) (represented by: M. Thewes and T. Chevrier, lawyers)

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

Other party to the proceedings before the Board of Appeal: Munindra Holding BV (Lelystad, Netherlands)

Form of order sought

The applicant claims that the Court should:

annul Decision R 2296/2011-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 November 2012;

in the alternative, annul the contested decision as regards the 'consultancy services in the field of herbal remedies, nutrition, health and beauty care', in Class 44;

order OHIM and the other party to the proceedings before the Board of Appeal to pay the costs incurred in the proceedings before the General Court and before the Board of Appeal of OHIM.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark 'AYUR' for goods and services in Classes 3, 5, 16 and 44 - Community trade mark No 5 429 469

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: Munindra Holding BV

Grounds for the application for a declaration of invalidity: Registered Benelux word mark 'AYUS' for goods and services in Classes 3, 5, 29, 30 and 31

Decision of the Cancellation Division: Application upheld in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 53(1)(a) and of Article 8(1)(b) of Regulation No 207/2009

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