EN

Official Journal of the European Union

C 339/27

(Case T-584/14)

2014/C 339/32

Language in which the application was lodged: Spanish

Parties

Applicant: Industria de Diseño Textil, SA (Inditex) (Arteixo, Spain) (represented by: C. Duch, lawyer)

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

Other party to the proceedings before the Board of Appeal: Zainab Ansell and Roger Ansell (Moshi, Tanzania)

Form of order sought

The applicant claims that the General Court should:

—annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 May 2014 in Case R 1118/2013-2 in so far as it confirmed the revocation for non-use of the Community trade mark ‘ZARA’ No 1 12 755 in respect of the following services in Class 39: ‘services in relation to the transport and distribution of goods, in particular, articles of clothing, shoes and accessories, perfumery and cosmetics’, inasmuch as the Board of Appeal infringed Article 51(1)(a) of Regulation No 207/2009 by making the following errors:

—error of law by the Board of Appeal in regarding the franchisees of Inditex as integral entities of the internal organisation of the company when, in fact, they are legal entities independent of the Inditex Group;

—error in the assessment of the evidence, inasmuch as the Board of Appeal criticises the appellant for failing to adduce evidence of the turnover generated by the supply of transport services for the purposes of proving external use of the mark, and despite the fact that such evidence was adduced in the proceedings;

—order OHIM, and if appropriate, the intervener, to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: Word mark ‘ZARA’ for services in Classes 39 and 42 — Community trade mark No 1 12 755

Proprietor of the Community trade mark: Applicant

Party applying for revocation of the Community trade mark: Zainab Ansell and Roger Ansell

Decision of the Cancellation Division: Application for revocation granted

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 51(1)(a) of Regulation No 207/2009