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Case T-494/12: Action brought on 14 November 2012 — Biscuits Poult v OHIM — Banketbakkerij Merba (Biscuits)
ECLI:EU:UNKNOWN:62012TN0494
62012TN0494
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Valentina R., lawyer
26.1.2013
EN
Official Journal of the European Union
C 26/56
(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