Action brought on 7 February 2013 - Anapurna/OHIM - Annapurna (ANNAPURNA)

(Case T-71/13)

Language in which the application was lodged: English

Parties

Applicant: Anapurna GmbH (Berlin, Germany) (represented by: P. Ehrlinger and T. Hagen, lawyers)

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

Other party to the proceedings before the Board of Appeal: Annapurna SpA (Prato, Italy)

Form of order sought

The applicant claims that the Court should:

Set aside the contested decision of the Fifth Board of Appeal of OHMI of 3 December 2012, inasmuch as it upheld the registration of Community trademark No 001368166 "ANNAPURNA", and did not declare it null and void, for the goods "bags" (class 18), "bed covers and bed linen" (class 24) and "articles of clothing, headgear, slippers" (class 25);

Order the intervening party to pay the costs of the proceedings including the costs incurred during the course of the appeal proceedings;

Request the defendant to produce the evidence of use ("Exhibits") submitted by the intervening party within the framework of the nullity proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: The word mark "ANNAPURNA" for goods in classes 3, 18, 24 and 25 − Community trade mark application No 1 368 166

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: Revoked the Community trade mark in part

Decision of the Board of Appeal: Annulled the contested decision in part and revoked the Community trade mark for further goods

Pleas in law: Infringement of Article 51(1)(a) of Council Regulation No 207/2009.

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