# C_2013252EN.01004101.xml

| 31.8.2013 | EN | Official Journal of the European Union | C 252/41 |
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31.8.2013

EN

Official Journal of the European Union

C 252/41

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Action brought on 11 July 2013 — Spain Doce 13 v OHIM — Ovejero Jiménez and Becerra Guibert (VICTORIA DELEF)

(Case T-359/13)

2013/C 252/69

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: Spain Doce 13, SL (Crevillente, Spain) (represented by: S. Rizzo, lawyer)

Applicant:

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

Defendant:

Other parties to the proceedings before the Board of Appeal: Gregorio Ovejero Jiménez and María Luisa Becerra Guibert (Alicante, Spain)

Other parties to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the General Court should:

| — | annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 April 2013 in Case R 1046/2012-5 in so far as it refuses registration of Community trade mark application No 9 522 384 in relation to the following goods and services:






  — | Class 18: goods made of leather and imitations of leather not included in other classes; |
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annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 April 2013 in Case R 1046/2012-5 in so far as it refuses registration of Community trade mark application No 9 522 384 in relation to the following goods and services:

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Class 18: goods made of leather and imitations of leather not included in other classes;

| — | Class 25: clothing, footwear and headgear; |
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Class 25: clothing, footwear and headgear;

| — | Class 35: retail and wholesale services of clothing, footwear and accessories; |
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Class 35: retail and wholesale services of clothing, footwear and accessories;

| — | order OHIM to pay the costs in accordance with Article 87(2) of the Rules of Procedure of the General Court. |
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order OHIM to pay the costs in accordance with Article 87(2) of the Rules of Procedure of the General Court.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Spain Doce 13, SL

Applicant for a Community trade mark:

Community trade mark concerned: Word mark ‘VICTORIA DELEF’ for goods and services in Classes 18, 25 and 35 — Community trade mark application No 9 522 384

Community trade mark concerned:

Proprietors of the mark or sign cited in the opposition proceedings: Gregorio Ovejero Jiménez and María Luisa Becerra Guibert

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

Mark or sign cited in opposition: National figurative marks containing the word element ‘VICTORIA’, ‘Victoria’ and ‘victoria’ for goods in Class 25

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition rejected

Decision of the Opposition Division:

Decision of the Board of Appeal: Appeal upheld in part

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009

Pleas in law:

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