CELEX: 62012TN0324
Language: en
Date: 2012-07-19 00:00:00
Title: Case T-324/12: Action brought on 19 July 2012 — Knauf Insulation Technology v OHIM — Saint Gobain Cristaleria (ECOSE TECHNOLOGY)

29.9.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 295/26
            
         Action brought on 19 July 2012 — Knauf Insulation Technology v OHIM — Saint Gobain Cristaleria (ECOSE TECHNOLOGY)
   (Case T-324/12)
   2012/C 295/47
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Knauf Insulation Technology (Visé, Belgium) (represented by: K. Manhaeve, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Saint Gobain Cristaleria, SL (Madrid, Spain)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 May 2012 in joined cases R 1193/2011-5 and R 1426/2011-5 insofar as it has declared the opponent’s opposition successful against the CTM application for part of the goods and services applied for;
            
         
               —
            
            
               Order the defendant and — if applicable — the Opponent to jointly and severally pay all the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark ‘ECOSE TECHNOLOGY’, for goods and services in classes 1, 2, 3, 16, 17, 19, 20 and 40 — Community trade mark application No W 998610
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited in opposition: Spanish trade mark registration No 2556409 of the word mark ‘ECOSEC FACHADAS’, for goods in classes 17 and 19
   
      Decision of the Opposition Division: Upheld the opposition for part of the contested goods
   
      Decision of the Board of Appeal: Partially annulled the contested decision and dismissed the appeal and confirmed the contested decision for the remainder
   
      Pleas in law: Infringement of Article 8(1) (b) of Council Regulation No 207/2009