23.2.2013

EN

Official Journal of the European Union

C 55/18

(Case T-543/12)

2013/C 55/31

Language in which the application was lodged: Spanish

Parties

Applicant: Xavier Grau Ferrer (Caldes de Montbui, Spain) (represented by: J. Carbonell Callicó, lawyer)

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

Other parties to the proceedings before the Board of Appeal: Juan Cándido Rubio Ferrer (Xeraco, Spain), Alberto Rubio Ferrer (Xeraco)

Form of order sought

The applicant claims that the General Court should:

—annul the decision of the Fourth Board of Appeal of 11 October 2012 in Cases R 274/2011-4 and R 520/2011-4, in accordance with Article 8(1)(a) and (b) and Article 76 of Regulation No 207/2009, and consequently refuse registration of figurative Community trade mark No 7 338 031‘Bugui va’ in full, for all the goods and services applied for (Classes 31, 35 and 39);

—order OHIM to pay the costs, in accordance with Article 87(2) CTMR.

Pleas in law and main arguments

Applicant for a Community trade mark: Juan Cándido Rubio Ferrer and Alberto Rubio Ferrer

Community trade mark concerned: Figurative mark with the word element ‘Bugui va’ for goods and services in Classes 31, 35 and 39 — application for Community trade mark No 7 338 031

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: National figurative mark with the word element ‘Bugui’ and figurative Community trade mark with the word element ‘BUGUI De la huerta a casa FRUITS FROM THE SPANISH VEGETABLE GARDEN’, for goods and services in classes 31, 32 and 39

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Decision of the Opposition Division annulled and opposition rejected in full

Pleas in law: Infringement of Article 8(1)(a) and (b) and of Articles 75 and 76 of Regulation No 207/2009, and infringement of Article 48 of Regulation No 2868/95