EN

Official Journal of the European Union

C 253/34

(Case T-278/14)

2014/C 253/49

Language in which the application was lodged: Spanish

Parties

Applicant: Mansour Dairek Attoumi (Badalona, Spain) (represented by: E. Manresa Medina and J.M. Manresa Medina, lawyers)

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

Other party to the proceedings before the Board of Appeal: Diesel SpA (Breganze, Italy)

Form of order sought

The applicant claims that the Court should:

—put the proceedings back to the stage at which the CD containing invoices of the applicant for a declaration of invalidity was served on the applicant and annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 February 2014 in Case R 855/2012-3; in the alternative,

—put the proceedings back to just before the Board of Appeal gave its decision, annulling the contested decision and staying the proceedings until the court proceedings brought by the holder of that Community design against international trade mark No 6 08 499 are disposed of; in the alternative,

—grant the present application, declaring that the applicant for a declaration of invalidity of the Community design has not proved the use of its trade mark and therefore dismissing the application for a declaration of invalidity on that ground; in the alternative,

—grant the application, dismissing the invalidity proceedings in the light of the arguments set out above;

—together with all of the above, expressly order the defendant and any other party to the proceedings to pay all the costs relating to the present proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: representation of a belt with the word element ‘DIESEL’ — Registered Community design No 1044150-0003

Proprietor of the Community trade mark: Applicant

Applicant for the declaration of invalidity of the Community trade mark: Diesel SpA

Grounds for the application for a declaration of invalidity: National and Community word mark ‘DIESEL’ for goods in Classes 3, 9, 14, 16, 18, 24 and 25

Decision of the Cancellation Division: Upheld the application for a declaration of invalidity

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law:

—failure to provide the applicant with the CD containing the invoices;

—failure to stay the proceedings;

—the applicant holds Spanish trade mark No 2 5 85 042‘S.D.D. SUPER DIESEL DAIREK’;

—the remaining proof of use submitted by the applicant for a declaration of invalidity is not sufficient;

—the differences between the signs.