Source: EURLEX
Language: en
Format: md

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| 1.12.2012 | EN | Official Journal of the European Union | C 373/6 |

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Action brought on 21 September 2012 — SFC Jardibric v OHIM — Aqua Center Europa (AQUA FLOW)

(Case T-417/12)

2012/C 373/11

Language in which the application was lodged: French

Parties

Applicant: SFC Jardibric (St Jean de la Ruelle, France) (represented by: J.-L. Fourgoux, lawyer)

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

Other party to the proceedings before the Board of Appeal: Aqua Center Europa, SA (Madrid, Spain)

Form of order sought

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 July 2012 in Case R 2230/2010-4, rejecting the appeal against the decision of the Cancellation Division of 16 September 2010; |

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| — | Order OHIM 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: Figurative mark including the word element ‘AQUA FLOW’ for goods in Classes 6, 7, 9, 11, 17, 19 and 21 — Community trade mark No 1162064

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: Aqua Center Europa, SA

Grounds for the application for a declaration of invalidity: Figurative national mark including the word element ‘VAQUA FLOW’ for goods in Class 11

Decision of the Cancellation Division: Granting the application for cancellation

Decision of the Board of Appeal: Rejecting the appeal

Pleas in law: Infringement of Article 54(2) of Regulation No 207/2009; Absence of likelihood of confusion as to the goods; Absence of confusion between the signs.

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