27.10.2012   

EN

Official Journal of the European Union

C 331/26


Action brought on 3 August 2012 — Grupo Flexi de León v OHIM (FLEXI)

(Case T-352/12)

(2012/C 331/49)

Language of the case: Spanish

Parties

Applicant: Grupo Flexi de León, SA de CV (León, Mexico) (represented by M. Zarobe, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The applicant claims that the Court should:

annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 May 2012 in Case R 1335/2011-2 in relation to Community trade mark application No 9 532 797‘FLEXI’;

order the defendant to pay the costs of the proceedings before the General Court.

Pleas in law and main arguments

Community trade mark concerned: word mark ‘FLEXI’ for goods in Classes 18 and 25 — Community trade mark application No 9 532 797

Decision of the Examiner: application rejected

Decision of the Board of Appeal: appeal dismissed

Pleas in law: infringement of Article 7(1)(c) and (b) of Regulation No 207/2009