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Document 62012TN0417
Case T-417/12: Action brought on 21 September 2012 — SFC Jardibric v OHIM — Aqua Center Europa (AQUA FLOW)
Case T-417/12: Action brought on 21 September 2012 — SFC Jardibric v OHIM — Aqua Center Europa (AQUA FLOW)
Case T-417/12: Action brought on 21 September 2012 — SFC Jardibric v OHIM — Aqua Center Europa (AQUA FLOW)
OJ C 373, 1.12.2012, p. 6–7
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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.