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Case T-556/12: Action brought on 21 December 2012 — Royalton Overseas/OHIM — SC Romarose Invest (KAISERHOFF)
ECLI:EU:UNKNOWN:62012TN0556
62012TN0556
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EN
Official Journal of the European Union
C 63/22
(Case T-556/12)
2013/C 63/44
Language in which the application was lodged: English
Parties
Applicant: Royalton Overseas Ltd (Road Town, British Virgin Islands) (represented by: C. Năstase, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: SC Romarose Invest Srl (Bucharest, Romania)
Form of order sought
The applicant claim that the Court should:
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trademarks and design) as of October 4, 2012 and Communicated on October 22, 2012 in the case file No R 2535/2011-1.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The figurative mark ‘KAISERHOFF’, for goods in classes 8 and 21 — Community trade mark registration No 9 242 066
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: Romanian trade mark registration No 110 809 of the word mark ‘KAISERHOFF’ for goods in classes 11, 21 and 35
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Rule 50, corroborated with Rule 20(7) of Regulation No 2868/95 and Articles 76(1) and 42(5) of Council Regulation No 2007/2009.