CELEX: 62013TN0359
Language: en
Date: 2013-07-11 00:00:00
Title: Case T-359/13: Action brought on 11 July 2013 — Spain Doce 13 v OHIM — Ovejero Jiménez and Becerra Guibert (VICTORIA DELEF)

31.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 252/41
            
         Action brought on 11 July 2013 — Spain Doce 13 v OHIM — Ovejero Jiménez and Becerra Guibert (VICTORIA DELEF)
   (Case T-359/13)
   2013/C 252/69
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Spain Doce 13, SL (Crevillente, Spain) (represented by: S. Rizzo, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other parties to the proceedings before the Board of Appeal: Gregorio Ovejero Jiménez and María Luisa Becerra Guibert (Alicante, Spain)
   
      Form of order sought
   
   The applicant claims that the General Court should:
   
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               annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 April 2013 in Case R 1046/2012-5 in so far as it refuses registration of Community trade mark application No 9 522 384 in relation to the following goods and services:
               
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                           Class 18: goods made of leather and imitations of leather not included in other classes;
                        
                     
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                           Class 25: clothing, footwear and headgear;
                        
                     
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                           Class 35: retail and wholesale services of clothing, footwear and accessories;
                        
                     
         
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               order OHIM to pay the costs in accordance with Article 87(2) of the Rules of Procedure of the General Court.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Spain Doce 13, SL
   
      Community trade mark concerned: Word mark ‘VICTORIA DELEF’ for goods and services in Classes 18, 25 and 35 — Community trade mark application No 9 522 384
   
      Proprietors of the mark or sign cited in the opposition proceedings: Gregorio Ovejero Jiménez and María Luisa Becerra Guibert
   
      Mark or sign cited in opposition: National figurative marks containing the word element ‘VICTORIA’, ‘Victoria’ and ‘victoria’ for goods in Class 25
   
      Decision of the Opposition Division: Opposition rejected
   
      Decision of the Board of Appeal: Appeal upheld in part
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009