EN

Official Journal of the European Union

C 226/22

(Case T-306/13)

(2013/C 226/29)

Language in which the application was lodged: English

Parties

Applicant: Silicium España Laboratorios, SL (Vila-Seca, Spain) (represented by: C. Sueiras Villalobos, lawyer)

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

Other party to the proceedings before the Board of Appeal: LLR-G5 Ltd (Castlebar, Ireland)

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 March 7, 2013 (Case R 383/2012-1), to the extent it declares Community trade mark No 3384625, ‘LLRG5’, invalid on the grounds that it was applied for in bad faith;

—Confirm the decision of the Cancellation Division of 20 December, 2011 in Case 4174 C;

—Order the OHIM to bear its own costs and Silicium’s costs incurred in connection with these proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘LLRG5’ — Community trade mark registration No 3 384 625

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The grounds of the request for a declaration of invalidity were those laid down in Article 52(1)(b) of Council Regulation No 207/2009

Decision of the Cancellation Division: Rejected the request for a declaration of invalidity

Decision of the Board of Appeal: Annulled the contested decision and declared the invalidity of the contested CTM

Pleas in law: Infringement of Article 52(1)(b) of Council Regulation No 207/2009.