CELEX: 62014TN0327
Language: en
Date: 2014-05-13 00:00:00
Title: Case T-327/14: Action brought on 13 May 2014  — Compagnie des fromages & Richesmonts v OHIM — Grupo Lactalis Iberia (Representation of a red and white chessboard)

21.7.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 235/28
            
         Action brought on 13 May 2014 — Compagnie des fromages & Richesmonts v OHIM — Grupo Lactalis Iberia (Representation of a red and white chessboard)
   (Case T-327/14)
   2014/C 235/38
   Language in which the application was lodged: French
   
      Parties
   
   
      Applicant: Compagnie des fromages & Richesmonts (Puteaux, France) (represented by: T. Mollet-Vieville and T. Cuche, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Grupo Lactalis Iberia, SA (Madrid, Spain)
   
      Form of order sought
   
   
               —
            
            
               Find that Community trade mark No 6 0 59  687 is valid for the designation of cheeses;
            
         
               —
            
            
               In consequence, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 3 March 2014 in its entirety in so far as it ruled that Community trade mark No 6 0 59  687 is invalid;
            
         
               —
            
            
               In the alternative, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 3 March 2014 in its entirety in so far as it ruled that Community trade mark No 6 0 59  687 is invalid for the designation of cheeses;
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market 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: Representation of a red and white chessboard
   
      Proprietor of the Community trade mark: The applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: Grupo Lactalis Iberia, SA
   
      Grounds for the application for a declaration of invalidity: Absolute grounds provided for in Article 52(1)(a) of Regulation No 207/2009, in conjunction with Article 7(1)(b), (c) and (d) of Regulation No 207/2009
   
      Decision of the Cancellation Division: Rejection of the application for invalidity
   
      Decision of the Board of Appeal: Annulment of the decision of the Cancellation Division and declaration of invalidity of the mark in question
   
      Pleas in law: The Board of Appeal erred in fact and in law (infringement of Article 7(1)(b) and (c) of Regulation No 207/2009; infringement of Article 52(1)(a) of Regulation No 207/2009)