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Case T-430/12: Action brought on 2 October 2012 — Heinrich v OHIM — Commission (European Network Rapid Manufacturing)
ECLI:EU:UNKNOWN:62012TN0430
62012TN0430
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Valentina R., lawyer
17.11.2012
EN
Official Journal of the European Union
C 355/37
(Case T-430/12)
2012/C 355/77
Language in which the application was lodged: German
Parties
Applicant: Heinrich Beteiligungs GmbH (Witten, Germany) (represented by: A. Theis, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: European Commission
Form of order sought
The applicant claims that the 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 5 July 2012 in Case R 793/2011-1;
—order the defendant 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: the figurative mark including the word elements ‘European Network Rapid Manufacturing’ for goods and services in Classes 6, 7, 12, 17 and 42 — Community trade mark No 7 407 968
Proprietor of the Community trade mark: the applicant
Applicant for the declaration of invalidity of the Community trade mark: European Commission
Grounds for the application for a declaration of invalidity: the figurative mark is an imitation from a heraldic point of view of the European emblem
Decision of the Cancellation Division: the application for a declaration of invalidity was rejected
Decision of the Board of Appeal: the appeal was upheld and the figurative mark was declared invalid
Pleas in law: Infringement of Article 7(1)(h) of Regulation No 207/2009 in conjunction with Article 6ter(1)(a) of the Paris Convention for the Protection of Industrial Property