Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 2.2.2013 | EN | Official Journal of the European Union | C 32/23 |

---

Action brought on 3 December 2012 — Recaro v OHIM — Certino Mode (RECARO)

(Case T-524/12)

2013/C 32/37

Language in which the application was lodged: English

Parties

Applicant: Recaro Beteiligungs-GmbH (Kaiserslautern, Germany) (represented by: J. Weiser, lawyer)

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

Other party to the proceedings before the Board of Appeal: Certino Mode, SL (Elche, Spain)

Form of order sought

The applicant claims that the Court should:

|  |  |
| --- | --- |
| — | Alter the contested decision so that the appeal brought by the intervener is rejected and CTM No 734343 ‘RECARO’ is revoked in its entirety; |

|  |  |
| --- | --- |
| — | In the alternative, annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in case R 1761/2011-1; and |

|  |  |
| --- | --- |
| — | Order OHIM and, as the case may be, the intervener to pay the costs for these proceedings and of the appeal procedure before OHIM. |

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: The word mark ‘RECARO’, for goods in classes 10 and 25 — Community trade mark registration No 734343

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Party applying for revocation of the Community trade mark: The applicant

Decision of the Cancellation Division: Revoked the Community trade mark

Decision of the Board of Appeal: Partially annulled the contested decision

Pleas in law:

|  |  |
| --- | --- |
| — | Infringement of Article 51(1)(a) in conjunction with Article 15 of Council Regulation No 207/2009; |

|  |  |
| --- | --- |
| — | Infringement of Article 76(2) of Council Regulation No 207/2009 in conjunction with Rule 50(1) of Commission Regulation No 2868/95; and |

|  |  |
| --- | --- |
| — | Infringement of Article 75(1) of Council Regulation No 207/2009 |

---

[Top](#document1)