26.1.2013

Official Journal of the European Union

C 26/51

(Case T-470/12)

2013/C 26/103

Language in which the application was lodged: French

Parties

Applicant: Sothys Auriac (Auriac, France) (represented by: A. Berthet, lawyer)

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

Other party to the proceedings before the Board of Appeal: Grand Hotel Primavera SA (Borgo Maggiore, Saint-Martin)

Form of order sought

The applicant claims that the Court should:

—declare the present action to be admissible;

—annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 July 2012 on Case R 11419/2011-1;

—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: BEAUTY GARDEN for goods in Classes 3, 5, 29, 30 and 32 — Community trade mark No 3 456 134

Proprietor of the Community trade mark: Applicant

Applicant for the declaration of invalidity of the Community trade mark: Grand Hotel Primavera SA

Grounds for the application for a declaration of invalidity: National figurative mark containing the word element ‘BEAUTY GARDEN’ for goods in Classes 3 and 5

Decision of the Cancellation Division: Application upheld in part

Decision of the Board of Appeal: Appeal rejected in part and decision of the Cancellation Division annulled in part and revised by the Board of Appeal.

Pleas in law:

—Infringement of Article 76(1) and Article 75 of Regulation No 207/2009

—Infringement of the general principle that reasons must be given in OHIM decisions and that the adversarial nature of proceedings must be observed.