26.1.2013

Official Journal of the European Union

C 26/56

Action brought on 14 November 2012 — Biscuits Poult v OHIM — Banketbakkerij Merba (Biscuits)

(Case T-494/12)

2013/C 26/114

Language in which the application was lodged: French

Parties

Applicant: Biscuits Poult (Montauban, France) (represented by: C. Chapoullié, lawyer)

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

Other party to the proceedings before the Board of Appeal: Banketbakkerij Merba BV (Oosterhout, Netherlands)

Form of order sought

—	Annul or at least vary the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 August 2012 in Case R 914/2011-3;

—	uphold the decision of the Invalidity Division which declared that Design No 001114292-0001 was valid;

—	dismiss the application for a declaration of invalidity registered under reference ICD 000007120; and

—	order Banketbakkerij Merba BV 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: Design of a soft-centred biscuit, for biscuits in Class 01-01 — Community design No 001114292-0001

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: Banketbakkerij Merba BV

Grounds for the application for a declaration of invalidity: Infringement of Articles 4 to 9 of Regulation No 6/2002

Decision of the Cancellation Division: Application for a declaration of invalidity dismissed

Decision of the Board of Appeal: Appeal upheld and the Community design declared invalid

Pleas in law: Infringement of Article 4(2) and of Article 6 of Regulation No 6/2002