CELEX: 62012TN0380
Language: en
Date: 2012-08-22 00:00:00
Title: Case T-380/12: Action brought on 22 August 2012 — Demon International v OHIM — Big Line Sas di Graziani Lorenzo (DEMON)

27.10.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 331/28
            
         
      Action brought on 22 August 2012 — Demon International v OHIM — Big Line Sas di Graziani Lorenzo (DEMON)
      (Case T-380/12)
      (2012/C 331/53)
      Language in which the application was lodged: German
      
         Parties
      
      
         Applicant: Demon International, LC (Orem, United States) (represented by: T. Krüger, lawyer)
      
         Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
      
         Other party to the proceedings before the Board of Appeal: Big Line Sas di Graziani Lorenzo (Thiene (VI), Italy)
      
         Form of order sought
      
      
                  —
               
               
                  Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 June 2012 in Case R 1845/2011-4;
               
            
                  —
               
               
                  order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the action and of the appeal proceedings R 1845/2011-4.
               
            
         Pleas in law and main arguments
      
      
         Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark containing the word element ‘Demon’ for goods in Class 9 — Community trade mark No 6 375 398
      
         Proprietor of the Community trade mark: Big Line Sas di Graziani Lorenzo
      
         Applicant for the declaration of invalidity of the Community trade mark: Demon International, LC
      
         Grounds for the application for a declaration of invalidity: International word mark ‘DEMON’ for goods in Class 28
      
         Decision of the Cancellation Division: The application for a declaration of invalidity was granted in part
      
         Decision of the Board of Appeal: The appeal was allowed and the application for a declaration of invalidity dismissed
      
         Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b) of Regulation No 207/2009.