Source: EURLEX
Language: en
Format: md

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| 27.10.2012 | EN | Official Journal of the European Union | C 331/28 |

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Action brought on 22 August 2012 — Demon International v OHIM — Big Line Sas di Graziani Lorenzo (DEMON)

(Case T-380/12)

(2012/C 331/53)

Language in which the application was lodged: German

Parties

Applicant: Demon International, LC (Orem, United States) (represented by: T. Krüger, lawyer)

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

Other party to the proceedings before the Board of Appeal: Big Line Sas di Graziani Lorenzo (Thiene (VI), Italy)

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 June 2012 in Case R 1845/2011-4; |

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| — | order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the action and of the appeal proceedings R 1845/2011-4. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark containing the word element ‘Demon’ for goods in Class 9 — Community trade mark No 6 375 398

Proprietor of the Community trade mark: Big Line Sas di Graziani Lorenzo

Applicant for the declaration of invalidity of the Community trade mark: Demon International, LC

Grounds for the application for a declaration of invalidity: International word mark ‘DEMON’ for goods in Class 28

Decision of the Cancellation Division: The application for a declaration of invalidity was granted in part

Decision of the Board of Appeal: The appeal was allowed and the application for a declaration of invalidity dismissed

Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b) of Regulation No 207/2009.

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