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Document 62011TN0581

    Case T-581/11: Action brought on 9 November 2011 — Dimian v OHIM — Bayer Design Fritz Bayer (BABY BAMBOLINA)

    SL C 25, 28.1.2012, p. 58–59 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    28.1.2012   

    EN

    Official Journal of the European Union

    C 25/58

    Action brought on 9 November 2011 — Dimian v OHIM — Bayer Design Fritz Bayer (BABY BAMBOLINA)

    (Case T-581/11)

    (2012/C 25/112)

    Language in which the application was lodged: English

    Parties

    Applicant: Dimian AG (Nürnberg, Germany) (represented by: P. Pozzi and G. Ghisletti, lawyers)

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

    Other party to the proceedings before the Board of Appeal: Bayer Design Fritz Bayer GmbH & Co. KG (Michelau, Germany)

    Form of order sought

    —

    Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 August 2011 in case R 1822/2010-2; and

    —

    Order the defendant to bear the costs.

    Pleas in law and main arguments

    Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark ‘BABY BAMBOLINA’, for goods in class 28 — Community trade mark registration No 6403927

    Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

    Applicant for the declaration of invalidity of the Community trade mark: The applicant

    Grounds for the application for a declaration of invalidity: The party requesting the declaration of invalidity grounded its request pursuant to Article 53(1)(c) in conjunction with Article 8(4) of Council Regulation (EC) No 207/2009, and in Article 53(1)(a) in conjunction with Article 8(1)(b) and Article 8(2)(c) of Council Regulation (EC) No 207/2009

    Decision of the Cancellation Division: Rejected the request for invalidity

    Decision of the Board of Appeal: Dismissed the appeal

    Pleas in law: Infringement of Articles 53(1)(c) and Article 8(4) and in conjunction of Council Regulation No 207/2009, to the extent that the Board of Appeal has excluded the relevance of the mentioned catalogues referring to the period 2008-2009.

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