CELEX: 62012TN0494
Language: en
Date: 2012-11-14 00:00:00
Title: Case T-494/12: Action brought on 14 November 2012 — Biscuits Poult v OHIM — Banketbakkerij Merba (Biscuits)

26.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 26/56
            
         Action brought on 14 November 2012 — Biscuits Poult v OHIM — Banketbakkerij Merba (Biscuits)
   (Case T-494/12)
   2013/C 26/114
   Language in which the application was lodged: French
   
      Parties
   
   
      Applicant: Biscuits Poult (Montauban, France) (represented by: C. Chapoullié, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Banketbakkerij Merba BV (Oosterhout, Netherlands)
   
      Form of order sought
   
   
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               Annul or at least vary the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 August 2012 in Case R 914/2011-3;
            
         
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               uphold the decision of the Invalidity Division which declared that Design No 001114292-0001 was valid;
            
         
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               dismiss the application for a declaration of invalidity registered under reference ICD 000007120; and
            
         
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               order Banketbakkerij Merba BV 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 of a soft-centred biscuit, for biscuits in Class 01-01 — Community design No 001114292-0001
   
      Proprietor of the Community trade mark: The applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: Banketbakkerij Merba BV
   
      Grounds for the application for a declaration of invalidity: Infringement of Articles 4 to 9 of Regulation No 6/2002
   
      Decision of the Cancellation Division: Application for a declaration of invalidity dismissed
   
      Decision of the Board of Appeal: Appeal upheld and the Community design declared invalid
   
      Pleas in law: Infringement of Article 4(2) and of Article 6 of Regulation No 6/2002