Action brought on 26 November 2013 – TrekStor v OHIM – MSI Technology (MovieStation)

(Case T-636/13)

Language in which the application was lodged: German

Parties

Applicant: TrekStor Ltd (Hong Kong, China) (represented by: O. Spieker, lawyer)

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

Other party to the proceedings before the Board of Appeal: MSI Technology GmbH (Frankfurt am Main, Germany)

Form of order sought

The applicant claims that the Court should:

Alter the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 27 September 2013 (Case R 1914/2012-4) to the effect that MSI Technology GmbH’s application of 20 June 2011 for a declaration of invalidity of the Community trade mark ‘MovieStation’ is rejected and that MSI Technology GmbH is ordered to pay the costs of that application;

Order the defendant to pay the costs of the action before the Court.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘MovieStation’ for goods in Class 9 – Community trade mark No 5 743 257

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: MSI Technology GmbH

Grounds for the application for a declaration of invalidity: Article 52(1)(a) in conjunction with Article 7(1)(b), (c) and (d) of Regulation No 207/2009

Decision of the Cancellation Division: the mark concerned was declared invalid

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009