CELEX: 62012TN0430
Language: en
Date: 2012-10-02 00:00:00
Title: Case T-430/12: Action brought on 2 October 2012 — Heinrich v OHIM — Commission (European Network Rapid Manufacturing)

17.11.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 355/37
            
         Action brought on 2 October 2012 — Heinrich v OHIM — Commission (European Network Rapid Manufacturing)
   (Case T-430/12)
   2012/C 355/77
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Heinrich Beteiligungs GmbH (Witten, Germany) (represented by: A. Theis, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: European Commission
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 July 2012 in Case R 793/2011-1;
            
         
               —
            
            
               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 including the word elements ‘European Network Rapid Manufacturing’ for goods and services in Classes 6, 7, 12, 17 and 42 — Community trade mark No 7 407 968
   
      Proprietor of the Community trade mark: the applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: European Commission
   
      Grounds for the application for a declaration of invalidity: the figurative mark is an imitation from a heraldic point of view of the European emblem
   
      Decision of the Cancellation Division: the application for a declaration of invalidity was rejected
   
      Decision of the Board of Appeal: the appeal was upheld and the figurative mark was declared invalid
   
      Pleas in law: Infringement of Article 7(1)(h) of Regulation No 207/2009 in conjunction with Article 6ter(1)(a) of the Paris Convention for the Protection of Industrial Property