CELEX: 62011TN0673
Language: en
Date: 2011-12-29 00:00:00
Title: Case T-673/11: Action brought on 29 December 2011 — Sigla v OHIM (VIPS CLUB)

3.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 65/18
            
         Action brought on 29 December 2011 — Sigla v OHIM (VIPS CLUB)
   (Case T-673/11)
   2012/C 65/34
   Language of the case: Spanish
   
      Parties
   
   
      Applicant: Sigla (Madrid, Spain) (represented by E. Armijo Chávarri, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               find the present application and the accompanying documents to be duly lodged and admissible, take note that an action has been brought against the Decision of 6 October 2011 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) in Case R 641/2011-1 and, following the appropriate procedural steps, give judgment annulling the abovementioned decision and expressly order the Office to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: Word mark ‘VIPS CLUB’ for goods and services in Classes 29, 30 and 43
   
      Decision of the Examiner: Refusal to register the mark applied for
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009, since the sign applied for is not descriptive and has distinctive character.