# C_2012194EN.01002102.xml

| 30.6.2012 | EN | Official Journal of the European Union | C 194/21 |
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30.6.2012

EN

Official Journal of the European Union

C 194/21

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Action brought on 4 April 2012 — Pri v OHIM — Belgravia Investment Group (PRONOKAL)

(Case T-159/12)

2012/C 194/36

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: Pri SA (Clémency, Luxembourg) (represented by: C. Marí Aguilar and F.J. Márquez Martín, 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: Belgravia Investment Group Ltd (Tortola, Islas Vírgenes Británicas)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 December 2011 in Case R 311/2011-2 which dismissed the action brought by Pri SA and granted, in part, the registration of Community trade mark No 57644099 ‘PRONOKAL’ in Classes 5, 29, 30 and 32, of which BELGRAVIA is the proprietor, and reject in its entirety the registration of (BELGRAVIA’s) Community trade mark No 5744099 ‘PRONOKAL’ in Classes 5, 29, 30 and 32 for infringement of the rights of Pri SA; |
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annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 December 2011 in Case R 311/2011-2 which dismissed the action brought by Pri SA and granted, in part, the registration of Community trade mark No 57644099 ‘PRONOKAL’ in Classes 5, 29, 30 and 32, of which BELGRAVIA is the proprietor, and reject in its entirety the registration of (BELGRAVIA’s) Community trade mark No 5744099 ‘PRONOKAL’ in Classes 5, 29, 30 and 32 for infringement of the rights of Pri SA;

| — | order the defendant to pay the costs, in accordance with Article 87(2) and (3) of the Rules of Procedure. |
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order the defendant to pay the costs, in accordance with Article 87(2) and (3) of the Rules of Procedure.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Belgravia Investment Group Ltd

Applicant for a Community trade mark:

Community trade mark concerned: word mark ‘PRONOKAL’ for goods in Classes 5, 29, 30 and 32 — Trade mark application No 5744099

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: Spanish word mark and trade name ‘PRONOKAL’ for goods in Class 30

Mark or sign cited in opposition:

Decision of the Opposition Division: rejection in part of the opposition and registration in part of the mark applied for

Decision of the Opposition Division:

Decision of the Board of Appeal: dismissal of the appeal

Decision of the Board of Appeal:

Pleas in law: infringement of Article 8(2)(c) of Regulation No 207/2009

Pleas in law:

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