CELEX: 62013TN0427
Language: en
Date: 2013-08-12 00:00:00
Title: Case T-427/13: Action brought on 12 August 2013 — Gruppo Norton v OHIM — Marín Nicolás (Gruppo Norton S.r.l.)

26.10.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 313/30
            
         Action brought on 12 August 2013 — Gruppo Norton v OHIM — Marín Nicolás (Gruppo Norton S.r.l.)
   (Case T-427/13)
   2013/C 313/56
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Gruppo Norton Srl (Carini, Italy) (represented by: García Lirola, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Victoriano Marín Nicolás (Alcantarailla, Spain)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               deliver a judgment in which, ruling on the substance of the case, it upholds the registration of the trade mark for all of the goods in respect of which it is sought.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Gruppo Norton Srl
   
      Community trade mark concerned: Figurative mark ‘Gruppo Norton S.r.l.’ for goods in Classes 7 and 9 — Community trade mark application No 10 169 753
   
      Proprietor of the mark or sign cited in the opposition proceedings: Victoriano Marín Nicolás
   
      Mark or sign cited in opposition: Spanish trade mark ‘NORTON HISPANO’ for goods in Class 9
   
      Decision of the Opposition Division: Opposition upheld in part
   
      Decision of the Board of Appeal: Inadmissibility of the appeal
   
      Pleas in law: Breach of Article 8(5) of Regulation No 207/2009