CELEX: 62012TN0359
Language: en
Date: 2012-08-08 00:00:00
Title: Case T-359/12: Action brought on 8 August 2012 — Vuitton Malletier v OHIM — Nanu-Nana (device of a checked pattern)

13.10.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 311/13
            
         Action brought on 8 August 2012 — Vuitton Malletier v OHIM — Nanu-Nana (device of a checked pattern)
   (Case T-359/12)
   2012/C 311/18
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Louis Vuitton Malletier (Paris, France) (represented by: P. Roncaglia, G. Lazzaretti and N. Parrotta, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Nanu-Nana Handelsgesellschaft mbH für Geschenkartikel & Co.KG (Berlin, Germany)
   
      Form of order sought
   
   
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               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 May 2012 in case R 1855/2011-1;
            
         
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               Order OHIM to pay the costs incurred by the applicant during these proceedings; and
            
         
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               Order Nanu-Nana Handelsgesellschaft mbH für Geschenkartikel & Co.KG to pay the costs incurred by the applicant in the proceedings before the OHIM Cancellation Division and Boards of Appeal.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark representing a device of a checked pattern for goods in class 18 — Community trade mark application No 370445
   
      Proprietor of the Community trade mark: The applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Grounds for the application for a declaration of invalidity: The other party to the proceedings before the Board of Appeal filed its request for declaration of invalidity against the CTM on the basis of absolute grounds, namely Article 52(1)(a) in connection with Article 7(1)(b), (c), (d), (e)(iii) and (f) of Council Regulation No 207/2009, and on absolute grounds under Article 52(1)(b) of Council Regulation No 207/2009
   
      Decision of the Cancellation Division: Upheld the request for invalidity in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law:
   
   
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               Infringement of Article 7(1)(b) of Council Regulation No 207/2009; and
            
         
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               Infringement of Article 7(3) and Article 52(2) of Council Regulation No 207/2009.