CELEX: 62013TN0306
Language: en
Date: 2013-06-05 00:00:00
Title: Case T-306/13: Action brought on 5 June 2013 — Silicium España Laboratorios/OHIM — LLR-G5 (LLRG5)

3.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 226/22
            
         Action brought on 5 June 2013 — Silicium España Laboratorios/OHIM — LLR-G5 (LLRG5)
   (Case T-306/13)
   (2013/C 226/29)
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Silicium España Laboratorios, SL (Vila-Seca, Spain) (represented by: C. Sueiras Villalobos, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: LLR-G5 Ltd (Castlebar, Ireland)
   
      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 March 7, 2013 (Case R 383/2012-1), to the extent it declares Community trade mark No 3384625, ‘LLRG5’, invalid on the grounds that it was applied for in bad faith;
            
         
               —
            
            
               Confirm the decision of the Cancellation Division of 20 December, 2011 in Case 4174 C;
            
         
               —
            
            
               Order the OHIM to bear its own costs and Silicium’s costs incurred in connection with these proceedings.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘LLRG5’ — Community trade mark registration No 3 384 625
   
      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 grounds of the request for a declaration of invalidity were those laid down in Article 52(1)(b) of Council Regulation No 207/2009
   
      Decision of the Cancellation Division: Rejected the request for a declaration of invalidity
   
      Decision of the Board of Appeal: Annulled the contested decision and declared the invalidity of the contested CTM
   
      Pleas in law: Infringement of Article 52(1)(b) of Council Regulation No 207/2009.