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Case T-335/14: Action brought on 13 May 2014 — Davó Lledó v OHIM — Administradora y Franquicias América and Inversiones Ged (DoggiS)
ECLI:EU:UNKNOWN:62014TN0335
62014TN0335
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Valentina R., lawyer
EN
Official Journal of the European Union
C 253/35
(Case T-335/14)
2014/C 253/50
Language in which the application was lodged: Spanish
Parties
Applicant: José-Manuel Davó Lledó (Cartagena, Spain) (represented by: J.V. Gil Martí, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other parties to the proceedings before the Board of Appeal: Administradora y Franquicias América, SA and Inversiones Ged Ltda (Santiago de Chile, Chile)
Form of order sought
The applicant claims that the General Court should annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 March 2014 in Case R 1824/2013-1 and, accordingly, confirm the original decision of the Cancellation Division of 18 July 2013 rejecting the application for a declaration of invalidity submitted by Administradora y Franquicias América, SA and Inversiones Ged Ltda in respect of Community trade mark No 8 8 94 826‘DoggiS’; order those undertakings to abide by that decision and all its effects; and make an express order for costs against the defendant and other parties to the proceedings before the Board of Appeal.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark including the word element ‘DoggiS’ for goods and services in Classes 29, 30 and 43 — Community trade mark No 8 8 94 826
Proprietor of the Community trade mark: Applicant
Applicant for the declaration of invalidity of the Community trade mark: Administradora y Franquicias América, SA and Inversiones Ged Ltda
Grounds for the application for a declaration of invalidity: The application for the trade mark was made in bad faith
Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity
Decision of the Board of Appeal: Allowed the appeal and annulled in their entirety both the decision of the Cancellation Division and the registration of the contested Community trade mark
Pleas in law:
Infringement of Article 76 of Regulation No 207/2009;
Infringement of Article 52(1)(b) of Regulation No 207/2009.