CELEX: 62012TN0166
Language: en
Date: 2012-04-10 00:00:00
Title: Case T-166/12: Action brought on 10 April 2012 — Bolívar Cerezo v OHIM — Renovalia Energy (RENOVALIA)

30.6.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 194/22
            
         Action brought on 10 April 2012 — Bolívar Cerezo v OHIM — Renovalia Energy (RENOVALIA)
   (Case T-166/12)
   2012/C 194/38
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Juan Bolívar Cerezo (Granada, Spain) (represented by: I.M. Barroso Sánchez-Lafuente, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Renovalia Energy, SA (Villarobledo, Spain)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the First Board of Appeal of 26 January 2012 of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 663/2011-1, resulting in the registration of Community trade mark No 8 631 814‘RENOVALIA’ for ‘Insurance; financial affairs; monetary affairs; real estate affairs’ in Class 36;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: Word mark ‘RENOVALIA’ for goods and services in Classes 11, 25, 35, 36, 37 and 41 — application for Community trade mark No 8 631 814
   
      Proprietor of the mark or sign cited in the opposition proceedings: Renovalia Energy, SA
   
      Mark or sign cited in opposition: Spanish word marks ‘RENOVA ENERGY’ and ‘RENOVAENERGY’ and trade name ‘RENOVALIA’ for services in Class 36
   
      Decision of the Opposition Division: opposition upheld in part
   
      Decision of the Board of Appeal: appeal dismissed
   
      Pleas in law: There is a likelihood of confusion between the applicant’s priority Spanish mark No 2 715 975‘RENOVALIA’ and the opposing Spanish marks. An action for annulment is to be brought before the competent Spanish national court against the opposing Spanish marks, as a result of which those marks will no longer be able to be relied on to oppose the registration of the Community trade mark applied for