22.9.2012
EN
Official Journal of the European Union
C 287/38
Action brought on 30 July 2012 — El Hogar Perfecto del Siglo XXI v OHIM — Wenf International Advisers (Corkscrews)
(Case T-337/12)
2012/C 287/68
Language in which the application was lodged: Spanish
Parties
Applicant: El Hogar Perfecto del Siglo XXI, SL (Madrid, Spain) (represented by: C. Ruiz Gallegos and E. Veiga Conde, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Wenf International Advisers Ltd (Tortola, Virgin Islands)
Form of order sought
—
Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 June 2012 in Appeal R 89/2011-3;
—
order OHIM and the intervener 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: Design for corkscrews — Community design 00083 0831-0001
Proprietor of the Community design: The applicant
Applicant for the declaration of invalidity of the Community design: Wenf International Advisers Ltd
Grounds for the application for a declaration of invalidity: National design for bottle openers
Decision of the Cancellation Division: Application upheld
Decision of the Board of Appeal: Appeal dismissed
Pleas in law:
—
Infringement of Articles 4 and 6(1) of Regulation (EC) No 6/2002
—
Infringement of Articles 4 and 6(2) of Regulation (EC) No 6/2002
Full & Egal Universal Law Academy