CELEX: 62012TN0515
Language: en
Date: 2012-11-22 00:00:00
Title: Case T-515/12: Action brought on 22 November 2012 — El Corte Inglés v OHIM — English Cut (The English Cut)

26.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 26/66
            
         Action brought on 22 November 2012 — El Corte Inglés v OHIM — English Cut (The English Cut)
   (Case T-515/12)
   2013/C 26/131
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela, J. Rivas Zurdo and I. Munilla Muñoz, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: The English Cut, SL (Malaga, Spain)
   
      Form of order sought
   
   The applicant claims that the General 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 6 September 2012 in Case R 1673/2011-1, and declare that, pursuant to Article 8(1)(b) of Regulation No 207/2009, the action brought by the opponent before OHIM should have been upheld and the decision of the Opposition Division to grant Community trade mark application No 8 868 747‘The English Cut’ (word mark) should have been annulled;
            
         
               —
            
            
               order the defendant and the other party opposing this action to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The English Cut, SL
   
      Community trade mark concerned: Word mark ‘The English Cut’, for goods in Class 25 — Community trade mark application No 8 868 747
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: National and Community word and figurative marks ‘El Corte Inglés’ for goods in Classes 25 and 35
   
      Decision of the Opposition Division: Rejection of the opposition
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 and of Article 8(5) of that regulation.