CELEX: 62012TN0543
Language: en
Date: 2012-12-18 00:00:00
Title: Case T-543/12: Action brought on 18 December 2012 — Grau Ferrer v OHIM — Rubio Ferrer (Bugui va)

23.2.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 55/18
            
         Action brought on 18 December 2012 — Grau Ferrer v OHIM — Rubio Ferrer (Bugui va)
   (Case T-543/12)
   2013/C 55/31
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Xavier Grau Ferrer (Caldes de Montbui, Spain) (represented by: J. Carbonell Callicó, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other parties to the proceedings before the Board of Appeal: Juan Cándido Rubio Ferrer (Xeraco, Spain), Alberto Rubio Ferrer (Xeraco)
   
      Form of order sought
   
   The applicant claims that the General Court should:
   
               —
            
            
               annul the decision of the Fourth Board of Appeal of 11 October 2012 in Cases R 274/2011-4 and R 520/2011-4, in accordance with Article 8(1)(a) and (b) and Article 76 of Regulation No 207/2009, and consequently refuse registration of figurative Community trade mark No 7 338 031‘Bugui va’ in full, for all the goods and services applied for (Classes 31, 35 and 39);
            
         
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               order OHIM to pay the costs, in accordance with Article 87(2) CTMR.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Juan Cándido Rubio Ferrer and Alberto Rubio Ferrer
   
      Community trade mark concerned: Figurative mark with the word element ‘Bugui va’ for goods and services in Classes 31, 35 and 39 — application for Community trade mark No 7 338 031
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: National figurative mark with the word element ‘Bugui’ and figurative Community trade mark with the word element ‘BUGUI De la huerta a casa FRUITS FROM THE SPANISH VEGETABLE GARDEN’, for goods and services in classes 31, 32 and 39
   
      Decision of the Opposition Division: Opposition upheld in part
   
      Decision of the Board of Appeal: Decision of the Opposition Division annulled and opposition rejected in full
   
      Pleas in law: Infringement of Article 8(1)(a) and (b) and of Articles 75 and 76 of Regulation No 207/2009, and infringement of Article 48 of Regulation No 2868/95