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Case T-28/14: Action brought on 14 January 2014 — José Manuel Baena Grupo v OHIM — Neuman and Galdeano del Sel (Representation of a seated figure)
ECLI:EU:UNKNOWN:62014TN0028
62014TN0028
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15.3.2014
Official Journal of the European Union
C 78/14
(Case T-28/14)
2014/C 78/28
Language in which the application was lodged: Spanish
Parties
Applicant: José Manuel Baena Grupo, SA (Santa Perpètua de Mogoda, Spain) (represented by: A. Canela Giménez, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Herbert Neuman and Andoni Galdeano del Sel (Tarifa, Spain)
Form of order sought
The applicant claims that the Court should:
—annul OHIM’s decision;
—order OHIM 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: Registered Community design No 426 895-002 for ‘T-shirts (Ornamentation for); Caps (Ornamentation for); Stickers (Ornamentation for); Printed matter, including advertising materials (Ornamentation for)’.
Proprietor of the Community trade mark: Applicant
Applicant for the declaration of invalidity of the Community trade mark: Herbert Neuman and Andoni Galdeano del Sel
Mark or design of the applicant for the declaration of invalidity: Community figurative mark No 1 312 651, for goods in Classes 25, 28, and 32 of the Nice Classification.
Decision of the Cancellation Division: Application upheld and design declared invalid
Decision of the Board of Appeal: Appeal dismissed in part
Pleas in law: Incorrect interpretation of Regulation No 6/2002