28.7.2012

EN

Official Journal of the European Union

C 227/24

(Case T-222/12)

2012/C 227/41

Language in which the application was lodged: English

Parties

Applicant: National Trust for Scotland (Edinburgh, United Kingdom) (represented by: J. MacKenzie, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Comhairle na Eilean Siar (Isle of Lewis, United Kingdom)

Form of order sought

—that the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) dated 26 March 2012, in case R 310/2011-4, should be annulled in its entirety and that the application be refused;

—that OHIM and any intervening parties in this Appeal shall bear their own costs and pay the Applicant’s costs of these proceedings and those of the Appeal procedure before the Board of Appeal.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark ST KILDA for goods and services in classes 9, 16, 35, 39, 41 and 43 — Community trade mark application No 8 283 871

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

Mark or sign cited in opposition: Grounds laid down in Article 8(4) of Council Regulation No 207/2009, more particularly a non-registered trade mark protected in the UK, as well as third party observations under Article 40 of Council Regulation No 207/2009

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law:

—Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009;

—Infringement of Article 8(4) of Council Regulation No 207/2009.