CELEX: 62009TN0513
Language: en
Date: 2009-12-22 00:00:00
Title: Case T-513/09: Action brought on 22 December 2009 — Baena Grupo v OHIM — Neuman and Galdeano del Sel (Designs)

27.2.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 51/37
            
         Action brought on 22 December 2009 — Baena Grupo v OHIM — Neuman and Galdeano del Sel (Designs)
   (Case T-513/09)
   2010/C 51/72
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: José Manuel Baena Grupo, SA (Santa Perpètua de Mogoda, Spain) (represented by: A. Canela Giménez, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other parties to the proceedings before the Board of Appeal of OHIM: Herbert Neuman and Andoni Galdeano del Sel
   
      Form of order sought
   
   
               —
            
            
               allow the action against the decision of 14 October 2009 of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) in Case R 1323/2008-3;
            
         
               —
            
            
               annul OHIM's decision;
            
         
               —
            
            
               order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: Community registered design No 000 426 895-0002 for ornamentation for T–shirts, ornamentation for caps, ornamentation for stickers, ornamentation for printed material including advertising material.
   
      Proprietor of the Community trade mark: the applicant
   
      Applicant for the declaration of invalidity: Herbert Neuman and Andoni Galdeano del Sel
   
      Trade mark right of applicant for the declaration: figurative Community mark No 1 312 651, for goods in Classes 25, 28 and 32 of the Classification of Nice.
   
      Decision of the Cancellation Division of the Designs Department: allow the application and declare the design to be invalid.
   
      Decision of the Board of Appeal: annul the contested decision and, pursuant to the power conferred on it by Article 60(1) of Regulation No 6/2002 on Community designs, decide the appeal on its merits and declare the invalidity of the Community design.
   
      Pleas in law: incorrect interpretation of Article 6(1) of Regulation No 6/2002.