Source: EURLEX
Language: en
Format: md

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| 10.11.2012 | EN | Official Journal of the European Union | C 343/17 |

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Action brought on 28 August 2012 — Borrajo Canelo and Others v OHIM

(Case T-381/12)

2012/C 343/29

Language in which the application was lodged: Spanish

Parties

Applicants: Ana Borrajo Canelo (Madrid, Spain), Carlos Borrajo Canelo (Madrid), Luis Borrajo Canelo (Madrid) (represented by: A. Gómez López, lawyer)

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

Other party to the proceedings before the Board of Appeal: Technoazúcar (Havana, Cuba)

Form of order sought

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| — | Uphold the action and declare incompatible with Council Regulation (EC) No 40/94 on the Community trade mark (now Regulation (EC) No 207/2009) the decision of the Second Board of Appeal of 21 May 2012 in Case R 2265/2010-2, rejecting the action brought by the applicants for revocation against the decision of the Cancellation Division of 24 September 2010, rejecting the application for revocation of Community trade mark No 4 602 454 PALMA MULATA for goods in Class 33, for ‘rum’; |

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| — | Order the defendant and, as appropriate, the intervener, to pay all the costs of the proceedings. |

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: Nominative mark PALMA MULATA for goods in Class 33 — registered Community trade mark No 4 602 454

Proprietor of the Community trade mark: Technoazúcar

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

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

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 15(1)(a) of Regulation No 207/2009

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