CELEX: 62012TN0391
Language: en
Date: 2012-09-05 00:00:00
Title: Case T-391/12: Action brought on 5 September 2012 — Lidl Stiftung v OHIM — Unipapel Industria Comercio y Servicios (UNITED OFFICE)

17.11.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 355/31
            
         Action brought on 5 September 2012 — Lidl Stiftung v OHIM — Unipapel Industria Comercio y Servicios (UNITED OFFICE)
   (Case T-391/12)
   2012/C 355/66
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter and S. Paul, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Unipapel Industria Comercio y Servicios, SL (Tres Cantos, Spain)
   
      Form of order sought
   
   
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               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 June 2012 in case R 745/2011-1; and
            
         
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               Order the defendant to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark ‘UNITED OFFICE’, for goods in classes 9, 16 and 20 — Community trade mark application No 7454606
   
      Proprietor of the Community trade mark: The applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Grounds for the application for a declaration of invalidity: The request for a declaration of invalidity was based on the grounds laid down in Article 53(1) of Council Regulation No 207/2009, and on Community trade mark registration No 1445832 of the word mark ‘UNIOFFICE’, for goods in class 16
   
      Decision of the Cancellation Division: Revoked the challenged Community trade mark in respect of part of the goods
   
      Decision of the Board of Appeal: Dismissed the appeal
   Pleas in law:
   
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               Infringement of Article 15(1) in combination with Article 42(2) and (3) of Council Regulation No 207/2009 and Rule 22(3) and (4) of Commission Regulation No 2868/95
            
         
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               Infringement of Article 8(1)(b) of Council Regulation No 207/2009.