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11.8.2012 |
EN |
Official Journal of the European Union |
C 243/24 |
Action brought on 4 June 2012 — Gamesa Eólica v OHIM — Enercon (horizontal combination of green colours)
(Case T-245/12)
2012/C 243/43
Language in which the application was lodged: English
Parties
Applicant(s): Gamesa Eólica, SL (Sarriguren, Spain) (represented by: E. Armijo Chávarri and A. Sanz Cerralbo, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Enercon GmbH (Aurich, Germany)
Form of order sought
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Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 March 2012 in case R 260/2011-1; |
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Order the defendant to pay the costs of the proceedings. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark representing a horizontal combination of green colours, for goods in class 7 — Community trade mark registration No 2346542
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 based its request on Article 52(1)(a) and on Article 52(1)(b) of Council Regulation (EC) No 207/2009
Decision of the Cancellation Division: Declared the Community trade mark invalid
Decision of the Board of Appeal: Annulled the contested decision and rejected the request for a declaration of invalidity
Pleas in law:
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Infringement of Article 7(1)(b) of Council Regulation No 207/2009; |
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Infringement of Article 62 of the Community trade mark Regulation; and |
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Infringement of Article 52(1)(b) of Council Regulation No 207/2009. |