CELEX: 62012TN0245
Language: en
Date: 2012-06-04 00:00:00
Title: Case T-245/12: Action brought on 4 June 2012 — Gamesa Eólica v OHIM — Enercon (horizontal combination of green colours)

11.8.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 243/24
            
         Action brought on 4 June 2012 — Gamesa Eólica v OHIM — Enercon (horizontal combination of green colours)
   (Case T-245/12)
   2012/C 243/43
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant(s): Gamesa Eólica, SL (Sarriguren, Spain) (represented by: E. Armijo Chávarri and A. Sanz Cerralbo, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Enercon GmbH (Aurich, Germany)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 March 2012 in case R 260/2011-1;
            
         
               —
            
            
               Order the defendant to pay the costs of the proceedings.
            
         
      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 horizontal combination of green colours, for goods in class 7 — Community trade mark registration No 2346542
   
      Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Applicant for the declaration of invalidity of the Community trade mark: The applicant
   
      Grounds for the application for a declaration of invalidity: The party requesting the declaration of invalidity based its request on Article 52(1)(a) and on Article 52(1)(b) of Council Regulation (EC) No 207/2009
   
      Decision of the Cancellation Division: Declared the Community trade mark invalid
   
      Decision of the Board of Appeal: Annulled the contested decision and rejected the request for a declaration of invalidity
   
      Pleas in law:
   
   
               —
            
            
               Infringement of Article 7(1)(b) of Council Regulation No 207/2009;
            
         
               —
            
            
               Infringement of Article 62 of the Community trade mark Regulation; and
            
         
               —
            
            
               Infringement of Article 52(1)(b) of Council Regulation No 207/2009.