Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 22.9.2012 | EN | Official Journal of the European Union | C 287/38 |

---

Action brought on 30 July 2012 — El Hogar Perfecto del Siglo XXI v OHIM — Wenf International Advisers (Corkscrews)

(Case T-337/12)

2012/C 287/68

Language in which the application was lodged: Spanish

Parties

Applicant: El Hogar Perfecto del Siglo XXI, SL (Madrid, Spain) (represented by: C. Ruiz Gallegos and E. Veiga Conde, lawyers)

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

Other party to the proceedings before the Board of Appeal: Wenf International Advisers Ltd (Tortola, Virgin Islands)

Form of order sought

|  |  |
| --- | --- |
| — | Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 June 2012 in Appeal R 89/2011-3; |

|  |  |
| --- | --- |
| — | order OHIM and the intervener 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: Design for corkscrews — Community design 00083 0831-0001

Proprietor of the Community design: The applicant

Applicant for the declaration of invalidity of the Community design: Wenf International Advisers Ltd

Grounds for the application for a declaration of invalidity: National design for bottle openers

Decision of the Cancellation Division: Application upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

|  |  |
| --- | --- |
| — | Infringement of Articles 4 and 6(1) of Regulation (EC) No 6/2002 |

|  |  |
| --- | --- |
| — | Infringement of Articles 4 and 6(2) of Regulation (EC) No 6/2002 |

---

[Top](#document1)