Source: EURLEX
Language: en
Format: md

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| 8.12.2012 | EN | Official Journal of the European Union | C 379/25 |

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Action brought on 28 September 2012 — Deutsche Rockwool Mineralwoll v OHIM — Ceramicas del Foix (Rock & Rock)

(Case T-436/12)

2012/C 379/43

Language in which the application was lodged: English

Parties

Applicant: Deutsche Rockwool Mineralwoll GmbH & Co. OHG (Gladbeck, Germany) (represented by: J. Krenzel, lawyer)

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

Other party to the proceedings before the Board of Appeal: Ceramicas del Foix, SA (Barcelona, Spain)

Form of order sought

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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 10 July 2012 in case R 495/2011-2; and |

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| — | 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 figurative mark ‘Rock & Rock’, for goods in classes 2, 19 and 27 — Community trade mark registration No 3468774

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

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

Grounds for the application for a declaration of invalidity: The request for a declaration of invalidity was based on relative grounds for refusal pursuant to Article 53(1)(a) in conjunction with Article 8(1)(b) of Council Regulation No 207/2009. The cancellation applicant invoked the following earlier rights: German trade mark registration No 30229274 of the word mark ‘Rock’, for goods and services in classes 1, 6, 7, 8, 17, 19, 37 and 42; German trade mark registration No 30212141 of the word mark ‘MASTERROCK’, for goods and services in classes 17, 19 and 37; German trade mark registration No 39920622 of the word mark ‘FIXROCK’, for goods in classes 6, 17 and 19; German trade mark registration No 2078534 of the word mark ‘FLEXIROCK’, for goods in class 19; German trade mark registration No 39732094 of the word mark ‘COVERROCK’, for goods in classes 17 and 19; German trade mark registration No 30306452 of the word mark ‘CEILROCK’, for goods in classes 6, 17 and 19

Decision of the Cancellation Division: Rejected the request for a declaration of invalidity

Decision of the Board of Appeal: Dismissed the appeal

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

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