CELEX: 62012TN0282
Language: en
Date: 2012-06-27 00:00:00
Title: Case T-282/12: Action brought on 27 June 2012 — El Corte Inglés v OHIM — Sohawon (FREE YOUR STYLE.)

25.8.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 258/25
            
         Action brought on 27 June 2012 — El Corte Inglés v OHIM — Sohawon (FREE YOUR STYLE.)
   (Case T-282/12)
   2012/C 258/46
   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: Nadia Mariam Sohawon (London, United Kingdom)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of 17 April 2012 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 1825/2010-4, and find that, pursuant to Article 8(1)(b) of Regulation No 207/2009, the action brought by the opposing party before OHIM should have been upheld for the following services in Class 35: retail services, wholesale services, mailing services and online retail services related to clothing, footwear and headgear, and the decision of the Opposition Division to fully grant Community trade mark No 7 396 468‘FREE YOUR STYLE’ (mixed) should have been annulled;
            
         
               —
            
            
               order the party or parties which oppose this action to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Nadia Mariam Sohawon
   
      Community trade mark concerned: Figurative mark ‘FREE YOUR STYLE.’ for goods and services in Classes 25, 35 and 41 — Community trade mark application No 7 396 468
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant
   
      Mark or sign cited in opposition: Community and Spanish word mark ‘FREE STYLE’ for goods in Classes 3, 18 and 25
   
      Decision of the Opposition Division: opposition rejected
   
      Decision of the Board of Appeal: appeal dismissed in part
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009