This document is an excerpt from the EUR-Lex website
Document 62013TN0308
Case T-308/13: Action brought on 7 June 2013 — Repsol v OHIM — Argiles (ELECTROLINERA)
Case T-308/13: Action brought on 7 June 2013 — Repsol v OHIM — Argiles (ELECTROLINERA)
Case T-308/13: Action brought on 7 June 2013 — Repsol v OHIM — Argiles (ELECTROLINERA)
OJ C 226, 3.8.2013, p. 22–23
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 226, 3.8.2013, p. 6–6
(HR)
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3.8.2013 |
EN |
Official Journal of the European Union |
C 226/22 |
Action brought on 7 June 2013 — Repsol v OHIM — Argiles (ELECTROLINERA)
(Case T-308/13)
(2013/C 226/30)
Language in which the application was lodged: Spanish
Parties
Applicant: Repsol, SA (Madrid, Spain) (represented by: J. Devaureix and L. Montoya Terán, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Josep María Adell Argiles (Madrid, Spain)
Form of order sought
The applicant claims that the General Court should:
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annul and declare inapplicable the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 March 2013 in Case R 1565/2012-1 and, consequently, allow the registration of Community trade mark No 9 548 884‘ELECTROLINERA’ for the goods in Classes 4, 37 and 39 in respect of which registration was refused in the contested decision; |
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order the defendant to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: Applicant
Community trade mark concerned: Word mark ‘ELECTROLINERA’ for goods and services in Classes 4, 35, 37 and 39 — Community trade mark application No 9 548 884
Proprietor of the mark or sign cited in the opposition proceedings: Josep María Adell Argiles
Mark or sign cited in opposition: National word mark ‘ELECTROLINERA’ for goods in Classes 6, 9 and 12
Decision of the Opposition Division: Opposition rejected in part
Decision of the Board of Appeal: Appeal upheld in part, decision of the Opposition Division annulled in part and, therefore, more extensive refusal of the Community trade mark application
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009