Action brought on 18 December 2013 – Gugler France v OHIM – Gugler (GUGLER)

(Case T-674/13)

Language in which the application was lodged: English

Parties

Applicant: Gugler France SA (Besançon, France) (represented by: A. Grolée, lawyer)

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

Other party to the proceedings before the Board of Appeal: Alexander Gugler (Maxdorf, Germany)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 16 October 2013 given in Case R 356/2012-4;

Cancel the contested trade mark;

Order the defendant and the other party, should it intervene, to bear 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 figurative mark “GUGLER” for goods and services in Classes 6, 17, 19, 22, 37, 39 and 42 – Community trade mark registration No 3 324 902

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 52(1)(b) and 53(1)(c) in conjunction with Article 8(4) CTMR

Decision of the Cancellation Division: Declared the contested Community trade mark 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 Article 52(1)(b) and 53(1)(c) CTMR