# C_2014235EN.01002801.xml

| 21.7.2014 | EN | Official Journal of the European Union | C 235/28 |
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21.7.2014

EN

Official Journal of the European Union

C 235/28

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Action brought on 13 May 2014 — Compagnie des fromages & Richesmonts v OHIM — Grupo Lactalis Iberia (Representation of a red and white chessboard)

(Case T-327/14)

2014/C 235/38

Language in which the application was lodged: French

Parties

Parties

Applicant: Compagnie des fromages & Richesmonts (Puteaux, France) (represented by: T. Mollet-Vieville and T. Cuche, lawyers)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Grupo Lactalis Iberia, SA (Madrid, Spain)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

| — | Find that Community trade mark No 6 0 59  687 is valid for the designation of cheeses; |
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Find that Community trade mark No 6 0 59  687 is valid for the designation of cheeses;

| — | In consequence, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 3 March 2014 in its entirety in so far as it ruled that Community trade mark No 6 0 59  687 is invalid; |
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In consequence, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 3 March 2014 in its entirety in so far as it ruled that Community trade mark No 6 0 59  687 is invalid;

| — | In the alternative, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 3 March 2014 in its entirety in so far as it ruled that Community trade mark No 6 0 59  687 is invalid for the designation of cheeses; |
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In the alternative, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 3 March 2014 in its entirety in so far as it ruled that Community trade mark No 6 0 59  687 is invalid for the designation of cheeses;

| — | Order the Office for Harmonisation in the Internal Market to pay the costs. |
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Order the Office for Harmonisation in the Internal Market to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Representation of a red and white chessboard

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: The applicant

Proprietor of the Community trade mark:

Applicant for the declaration of invalidity of the Community trade mark: Grupo Lactalis Iberia, SA

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

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

Grounds for the application for a declaration of invalidity:

Decision of the Cancellation Division: Rejection of the application for invalidity

Decision of the Cancellation Division:

Decision of the Board of Appeal: Annulment of the decision of the Cancellation Division and declaration of invalidity of the mark in question

Decision of the Board of Appeal:

Pleas in law: The Board of Appeal erred in fact and in law (infringement of Article 7(1)(b) and (c) of Regulation No 207/2009; infringement of Article 52(1)(a) of Regulation No 207/2009)

Pleas in law:

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