CELEX: 62012TN0436
Language: en
Date: 2012-09-28 00:00:00
Title: Case T-436/12: Action brought on 28 September 2012 — Deutsche Rockwool Mineralwoll v OHIM — Ceramicas del Foix (Rock & Rock)

8.12.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 379/25
            
         Action brought on 28 September 2012 — Deutsche Rockwool Mineralwoll v OHIM — Ceramicas del Foix (Rock & Rock)
   (Case T-436/12)
   2012/C 379/43
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Deutsche Rockwool Mineralwoll GmbH & Co. OHG (Gladbeck, Germany) (represented by: J. Krenzel, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Ceramicas del Foix, SA (Barcelona, Spain)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 July 2012 in case R 495/2011-2; and
            
         
               —
            
            
               Order the defendant 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: The figurative mark ‘Rock & Rock’, for goods in classes 2, 19 and 27 — Community trade mark registration No 3468774
   
      Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Applicant for the declaration of invalidity of the Community trade mark: The applicant
   
      Grounds for the application for a declaration of invalidity: The request for a declaration of invalidity was based on relative grounds for refusal pursuant to Article 53(1)(a) in conjunction with Article 8(1)(b) of Council Regulation No 207/2009. The cancellation applicant invoked the following earlier rights: German trade mark registration No 30229274 of the word mark ‘Rock’, for goods and services in classes 1, 6, 7, 8, 17, 19, 37 and 42; German trade mark registration No 30212141 of the word mark ‘MASTERROCK’, for goods and services in classes 17, 19 and 37; German trade mark registration No 39920622 of the word mark ‘FIXROCK’, for goods in classes 6, 17 and 19; German trade mark registration No 2078534 of the word mark ‘FLEXIROCK’, for goods in class 19; German trade mark registration No 39732094 of the word mark ‘COVERROCK’, for goods in classes 17 and 19; German trade mark registration No 30306452 of the word mark ‘CEILROCK’, for goods in classes 6, 17 and 19
   
      Decision of the Cancellation Division: Rejected the request for a declaration of invalidity
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.