Action brought on 9 April 2014 — Ewald Dörken v OHIM — Schürmann (VENT ROLL)

(Case T-223/14)

Language in which the application was lodged: German

Parties

Applicant: Ewald Dörken AG (Herdecke, Germany) (represented by: N. Grüger, lawyer)

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

Other party to the proceedings before the Board of Appeal: Wolfram Schürmann (Neuhausen, Switzerland)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 January 2014 in Case R 2156/2012-4 and alter the contested decision to the effect that the application for a declaration of invalidity is dismissed in its entirety;

In the alternative, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 January 2014 in Case R 2156/2012-4 with regard to the goods in Class 6: ‘metal sheets for construction purposes’ and Class [1]7: ‘underlay sheets’ and alter the contested decision to the effect that the application for a declaration of invalidity is dismissed with regard to those goods;

Order the defendant 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 word mark ‘VENT ROLL’ for goods in Classes 6, 17 and 19 — Community trade mark No 3 817 491

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: Wolfram Schürmann

Grounds for the application for a declaration of invalidity: Absolute grounds for invalidity under Article 52(1)(a) in conjunction with Article 7(1)(b) and (c) of Regulation No 207/2009, bad faith under Article 52(1)(b) of Regulation No 207/2009 and relative ground for invalidity of a mark registered by an agent without the proprietor’s consent pursuant to Article 53(1)(b) of Regulation No 207/2009

Decision of the Cancellation Division: the application for a declaration of invalidity was granted

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law:

Infringement of Article 52(1) in conjunction with Article 7(1)(b) and Article 7(2) of Regulation No 207/2009 ;

Infringement of Article 52(1) in conjunction with Article 7(1)(c) and Article 7(2) of Regulation No 207/2009;

Infringement of Article 76(2) of Regulation No 207/2009 in conjunction with Rule 40(3) of Regulation No 2868/95;

Infringement of Articles 76 and 78 of Regulation No 207/2009 and Rules 37(b)(iv) and 57 of Regulation No 2868/95;

Infringement of Article 76(1) of Regulation No 207/2009 in conjunction with Rule 37(a)(iii) of Regulation No 2868/95 in conjunction with Article 83 of Regulation No 207/2009;

Infringement of Article 76(1) of Regulation No 207/2009 in conjunction with Rule 37(a)(iii) and (b)(i) of Regulation No 2868/95