Source: EURLEX
Language: en
Format: md

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| 20.7.2013 | EN | Official Journal of the European Union | C 207/54 |

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Action brought on 4 June 2013 — Capella v OHIM — Oribay Mirror Buttons (ORIBAY)

(Case T-307/13)

2013/C 207/90

Language of the case: German

Parties

Applicant: Capella EOOD (Sofia, Bulgaria) (represented by: M. Holtorf, lawyer)

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

Other party to the proceedings before the Board of Appeal: Oribay Mirror Buttons, SL (San Sebastián, 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 22 March 2013 in Case R 164/2012-4; |

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| — | Declare revoked the registration of Community trade mark 003611282 ‘ORIBAY ORIginal Buttons for Automotive Yndustry’ for the following goods and services:   |  |  | | --- | --- | | — | Class 12: Vehicles and parts for vehicles not included in other classes, with the exception of parts for vehicle windows and windscreens; and |  |  |  | | --- | --- | | — | Class 37: Repair; repair and maintenance | |

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| — | Order the defendant to bear the costs of the proceedings including the costs incurred in the appeal proceedings. |

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: figurative mark, which contains the word elements ‘ORIBAY ORIginal Buttons for Automotive Yndustry, for goods and services in Classes 12, 37 and 40 — Community trade mark No 3 611 282

Proprietor of the Community trade mark: Oribay Mirror Buttons, SL

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

Decision of the Cancellation Division: The application for revocation was partially upheld

Decision of the Board of Appeal: The appeal was upheld and the application for revocation completely rejected

Pleas in law: Infringement of Article 51(1)(a) of Regulation No 207/2009, infringement of Article 56 of Regulation No 207/2009 in conjunction with Rule 37(a)(iii) of Regulation No 2868/95 and infringement of Article 57(2) of Regulation No 207/2009

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