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Case T-337/12: Action brought on 30 July 2012 — El Hogar Perfecto del Siglo XXI v OHIM — Wenf International Advisers (Corkscrews)
ECLI:EU:UNKNOWN:62012TN0337
62012TN0337
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22.9.2012
Official Journal of the European Union
C 287/38
(Case T-337/12)
2012/C 287/68
Language in which the application was lodged: Spanish
Parties
Applicant: El Hogar Perfecto del Siglo XXI, SL (Madrid, Spain) (represented by: C. Ruiz Gallegos and E. Veiga Conde, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Wenf International Advisers Ltd (Tortola, Virgin Islands)
Form of order sought
—Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 June 2012 in Appeal R 89/2011-3;
—order OHIM and the intervener to pay the costs
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: Design for corkscrews — Community design 00083 0831-0001
Proprietor of the Community design: The applicant
Applicant for the declaration of invalidity of the Community design: Wenf International Advisers Ltd
Grounds for the application for a declaration of invalidity: National design for bottle openers
Decision of the Cancellation Division: Application upheld
Decision of the Board of Appeal: Appeal dismissed
Pleas in law:
—Infringement of Articles 4 and 6(1) of Regulation (EC) No 6/2002
—Infringement of Articles 4 and 6(2) of Regulation (EC) No 6/2002