CELEX: 62013TN0308
Language: en
Date: 2013-06-07 00:00:00
Title: Case T-308/13: Action brought on 7 June 2013 — Repsol v OHIM — Argiles (ELECTROLINERA)

3.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 226/22
            
         Action brought on 7 June 2013 — Repsol v OHIM — Argiles (ELECTROLINERA)
   (Case T-308/13)
   (2013/C 226/30)
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Repsol, SA (Madrid, Spain) (represented by: J. Devaureix and L. Montoya Terán, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Josep María Adell Argiles (Madrid, Spain)
   
      Form of order sought
   
   The applicant claims that the General Court should:
   
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               annul and declare inapplicable the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 March 2013 in Case R 1565/2012-1 and, consequently, allow the registration of Community trade mark No 9 548 884‘ELECTROLINERA’ for the goods in Classes 4, 37 and 39 in respect of which registration was refused in the contested decision;
            
         
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               order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Applicant
   
      Community trade mark concerned: Word mark ‘ELECTROLINERA’ for goods and services in Classes 4, 35, 37 and 39 — Community trade mark application No 9 548 884
   
      Proprietor of the mark or sign cited in the opposition proceedings: Josep María Adell Argiles
   
      Mark or sign cited in opposition: National word mark ‘ELECTROLINERA’ for goods in Classes 6, 9 and 12
   
      Decision of the Opposition Division: Opposition rejected in part
   
      Decision of the Board of Appeal: Appeal upheld in part, decision of the Opposition Division annulled in part and, therefore, more extensive refusal of the Community trade mark application
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009