CELEX: 62012TN0417
Language: en
Date: 2012-09-21 00:00:00
Title: Case T-417/12: Action brought on 21 September 2012 — SFC Jardibric v OHIM — Aqua Center Europa (AQUA FLOW)

1.12.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 373/6
            
         Action brought on 21 September 2012 — SFC Jardibric v OHIM — Aqua Center Europa (AQUA FLOW)
   (Case T-417/12)
   2012/C 373/11
   Language in which the application was lodged: French
   
      Parties
   
   
      Applicant: SFC Jardibric (St Jean de la Ruelle, France) (represented by: J.-L. Fourgoux, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Aqua Center Europa, SA (Madrid, Spain)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 July 2012 in Case R 2230/2010-4, rejecting the appeal against the decision of the Cancellation Division of 16 September 2010;
            
         
               —
            
            
               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: Figurative mark including the word element ‘AQUA FLOW’ for goods in Classes 6, 7, 9, 11, 17, 19 and 21 — Community trade mark No 1162064
   
      Proprietor of the Community trade mark: The applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: Aqua Center Europa, SA
   
      Grounds for the application for a declaration of invalidity: Figurative national mark including the word element ‘VAQUA FLOW’ for goods in Class 11
   
      Decision of the Cancellation Division: Granting the application for cancellation
   
      Decision of the Board of Appeal: Rejecting the appeal
   
      Pleas in law: Infringement of Article 54(2) of Regulation No 207/2009; Absence of likelihood of confusion as to the goods; Absence of confusion between the signs.