Action brought on 6 May 2013 – Stayer Ibérica/OHIM – Korporaciya "Masternet" (STAYER)
(Case T-254/13)
Language in which the application was lodged: English
Parties
Applicant: Stayer Ibérica, SA (Pinto, Spain) (represented by: S. Rizzo, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: ZAO Korporaciya "Masternet" (Moscow, Russia)
Form of order sought
The applicant claims that the Court should:
Annul the contested decision in so far as it upholds the appeal in part and declares the CTM registration No 4675881 invalid for the following goods:
– Class 7: Equipment and tools; parts of cutting and polishing diamond machines; bits and cutting wheels for the following industries; marble, granite, stone, clay, slabs, tiles and brick, and, in general terms, cutting tools as parts of equipment included in Class 7.
– Class 8: Hand held abrasive items (wheels and grinding wheels).
Order OHIM to pay the costs.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark “STAYER” − Community trade mark registration No 4 675 881
Proprietor of the Community trade mark: The applicant
Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal
Grounds for the application for a declaration of invalidity: The grounds for the request for a declaration of invalidity were those of Article 53(1)(a) in conjunction with Article 8(1)(b) of Council Regulation No 207/2009
Decision of the Cancellation Division: Rejected the request for invalidity in its entirety
Decision of the Board of Appeal: Partially upheld the appeal.
Pleas in law: Infringement of Articles 76(2), 15 and 8(1)(b) of Council Regulation No 207/2009.