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Case T-359/12: Action brought on 8 August 2012 — Vuitton Malletier v OHIM — Nanu-Nana (device of a checked pattern)
ECLI:EU:UNKNOWN:62012TN0359
62012TN0359
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Valentina R., lawyer
13.10.2012
EN
Official Journal of the European Union
C 311/13
(Case T-359/12)
2012/C 311/18
Language in which the application was lodged: English
Parties
Applicant: Louis Vuitton Malletier (Paris, France) (represented by: P. Roncaglia, G. Lazzaretti and N. Parrotta, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Nanu-Nana Handelsgesellschaft mbH für Geschenkartikel & Co.KG (Berlin, Germany)
Form of order sought
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 May 2012 in case R 1855/2011-1;
—Order OHIM to pay the costs incurred by the applicant during these proceedings; and
—Order Nanu-Nana Handelsgesellschaft mbH für Geschenkartikel & Co.KG to pay the costs incurred by the applicant in the proceedings before the OHIM Cancellation Division and Boards of Appeal.
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 device of a checked pattern for goods in class 18 — Community trade mark application No 370445
Proprietor of the Community trade mark: The applicant
Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal
Grounds for the application for a declaration of invalidity: The other party to the proceedings before the Board of Appeal filed its request for declaration of invalidity against the CTM on the basis of absolute grounds, namely Article 52(1)(a) in connection with Article 7(1)(b), (c), (d), (e)(iii) and (f) of Council Regulation No 207/2009, and on absolute grounds under Article 52(1)(b) of Council Regulation No 207/2009
Decision of the Cancellation Division: Upheld the request for invalidity in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law:
—Infringement of Article 7(1)(b) of Council Regulation No 207/2009; and
—Infringement of Article 7(3) and Article 52(2) of Council Regulation No 207/2009.