CELEX: 62013TN0018
Language: en
Date: 2013-01-11 00:00:00
Title: Case T-18/13: Action brought on 11 January 2013 — Łaszkiewicz v OHIM — CABLES Y ESLINGAS (PROTEKT)

13.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 108/28
            
         Action brought on 11 January 2013 — Łaszkiewicz v OHIM — CABLES Y ESLINGAS (PROTEKT)
   (Case T-18/13)
   2013/C 108/73
   Language in which the application was lodged: Polish
   
      Parties
   
   
      Applicant: Grzegorz Łaszkiewicz (Łódź, Poland) (represented by: J. Gwiazdowska, legal adviser)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: CABLES Y ESLINGAS, S.A. (Cerdanyola del Valles, Barcelona, Spain)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               set aside in its entirety the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 October 2012 in Case R 701/2011-4;
            
         
               —
            
            
               deliver final judgment — if the state of the proceedings so allows — by allowing registration of the Community trade mark applied for (Registration No 8478331);
            
         
               —
            
            
               if necessary — should the state of the proceedings so allow — refer the case back for reconsideration by the Fourth Board of Appeal, in accordance with the binding criteria laid down by the Court of Justice;
            
         
               —
            
            
               order OHIM to pay the costs of the proceedings, including the costs incurred by the applicant in his action before the Board of Appeal and before the Opposition Division of the Office for Harmonisation in the Internal Market;
            
         
               —
            
            
               examine the evidence indicated in the content of the application;
            
         
               —
            
            
               conduct the written procedure, with Polish as the language of the case.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark containing the word element ‘protekt’ for goods in Classes 6, 7, 9, 22 and 25 — Registration No 008478331
   
      Proprietor of the mark or sign cited in the opposition proceedings: CABLES Y ESLINGAS, S.A.
   
      Mark or sign cited in opposition: The word mark PROTEK, registered in Spain for goods in Classes 6 and 9
   
      Decision of the Opposition Division: Opposition upheld
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law:
   
   
               —
            
            
               Breach of Article 8(1)(b) of Regulation No 207/2009;
            
         
               —
            
            
               Breach of the principle of legality, including breach of Article 3(1)(a) to (d) of Directive 2008/95;
            
         
               —
            
            
               Breach of Articles 75 and 76 of Regulation No 207/2009 and of Rules 50 and 52 of Commission Regulation No 2868/95.