Action brought on 9 November 2012 — Grupo Bimbo v OHIM (SANISSIMO)

(Case T-485/12)

2013/C 26/109

Language of the case: Spanish

Parties

Applicant: Grupo Bimbo, SAB de CV (Mexico, Mexico) (represented by N. Fernández Fernández-Pacheco, lawyer)

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

Form of order sought

The applicant claims that the General Court should find the present application and the accompanying documents to be duly lodged and admissible, take note that an action has been brought against the Decision of 29 August 2012 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) in Case R 1218/2011-2 and, following the appropriate procedural steps, give judgment annulling the abovementioned decision and expressly order the Office to pay the costs and, consequently, register Community trade mark application No 9.274.119 SANISSIMO.

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘SANISSIMO’ for goods in Classes 29 and 30 — Community trade mark application No 9 274 119

Decision of the Examiner: rejection of the application

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 and of Article 7(3) of that regulation.