CELEX: 62012TN0556
Language: en
Date: 2012-12-21 00:00:00
Title: Case T-556/12: Action brought on 21 December 2012 — Royalton Overseas/OHIM — SC Romarose Invest (KAISERHOFF)

2.3.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 63/22
            
         Action brought on 21 December 2012 — Royalton Overseas/OHIM — SC Romarose Invest (KAISERHOFF)
   (Case T-556/12)
   2013/C 63/44
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Royalton Overseas Ltd (Road Town, British Virgin Islands) (represented by: C. Năstase, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: SC Romarose Invest Srl (Bucharest, Romania)
   
      Form of order sought
   
   The applicant claim that the Court should:
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trademarks and design) as of October 4, 2012 and Communicated on October 22, 2012 in the case file No R 2535/2011-1.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark ‘KAISERHOFF’, for goods in classes 8 and 21 — Community trade mark registration No 9 242 066
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited in opposition: Romanian trade mark registration No 110 809 of the word mark ‘KAISERHOFF’ for goods in classes 11, 21 and 35
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Rule 50, corroborated with Rule 20(7) of Regulation No 2868/95 and Articles 76(1) and 42(5) of Council Regulation No 2007/2009.