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3.8.2013 |
EN |
Official Journal of the European Union |
C 226/22 |
Action brought on 5 June 2013 — Silicium España Laboratorios/OHIM — LLR-G5 (LLRG5)
(Case T-306/13)
(2013/C 226/29)
Language in which the application was lodged: English
Parties
Applicant: Silicium España Laboratorios, SL (Vila-Seca, Spain) (represented by: C. Sueiras Villalobos, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: LLR-G5 Ltd (Castlebar, Ireland)
Form of order sought
The applicant claims that the Court should:
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Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of March 7, 2013 (Case R 383/2012-1), to the extent it declares Community trade mark No 3384625, ‘LLRG5’, invalid on the grounds that it was applied for in bad faith; |
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Confirm the decision of the Cancellation Division of 20 December, 2011 in Case 4174 C; |
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Order the OHIM to bear its own costs and Silicium’s costs incurred in connection with these proceedings. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘LLRG5’ — Community trade mark registration No 3 384 625
Proprietor of the Community trade mark: The applicant
Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal
Grounds for the application for a declaration of invalidity: The grounds of the request for a declaration of invalidity were those laid down in Article 52(1)(b) of Council Regulation No 207/2009
Decision of the Cancellation Division: Rejected the request for a declaration of invalidity
Decision of the Board of Appeal: Annulled the contested decision and declared the invalidity of the contested CTM
Pleas in law: Infringement of Article 52(1)(b) of Council Regulation No 207/2009.