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Case T-352/12: Action brought on 3 August 2012 — Grupo Flexi de León v OHIM (FLEXI)
ECLI:EU:UNKNOWN:62012TN0352
62012TN0352
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27.10.2012
EN
Official Journal of the European Union
C 331/26
(Case T-352/12)
(2012/C 331/49)
Language of the case: Spanish
Parties
Applicant: Grupo Flexi de León, SA de CV (León, Mexico) (represented by M. Zarobe, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
—annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 May 2012 in Case R 1335/2011-2 in relation to Community trade mark application No 9 532 797‘FLEXI’;
—order the defendant to pay the costs of the proceedings before the General Court.
Pleas in law and main arguments
Community trade mark concerned: word mark ‘FLEXI’ for goods in Classes 18 and 25 — Community trade mark application No 9 532 797
Decision of the Examiner: application rejected
Decision of the Board of Appeal: appeal dismissed
Pleas in law: infringement of Article 7(1)(c) and (b) of Regulation No 207/2009