CELEX: 62012TN0524
Language: en
Date: 2012-12-03 00:00:00
Title: Case T-524/12: Action brought on 3 December 2012 — Recaro v OHIM — Certino Mode (RECARO)

2.2.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/23
            
         Action brought on 3 December 2012 — Recaro v OHIM — Certino Mode (RECARO)
   (Case T-524/12)
   2013/C 32/37
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Recaro Beteiligungs-GmbH (Kaiserslautern, Germany) (represented by: J. Weiser, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Certino Mode, SL (Elche, Spain)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               Alter the contested decision so that the appeal brought by the intervener is rejected and CTM No 734343 ‘RECARO’ is revoked in its entirety;
            
         
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               In the alternative, annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in case R 1761/2011-1; and
            
         
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               Order OHIM and, as the case may be, the intervener to pay the costs for these proceedings and of the appeal procedure before OHIM.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which an application for revocation has been made: The word mark ‘RECARO’, for goods in classes 10 and 25 — Community trade mark registration No 734343
   
      Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Party applying for revocation of the Community trade mark: The applicant
   
      Decision of the Cancellation Division: Revoked the Community trade mark
   
      Decision of the Board of Appeal: Partially annulled the contested decision
   
      Pleas in law:
   
   
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               Infringement of Article 51(1)(a) in conjunction with Article 15 of Council Regulation No 207/2009;
            
         
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               Infringement of Article 76(2) of Council Regulation No 207/2009 in conjunction with Rule 50(1) of Commission Regulation No 2868/95; and
            
         
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               Infringement of Article 75(1) of Council Regulation No 207/2009