27.10.2012
EN
Official Journal of the European Union
C 331/28
Action brought on 22 August 2012 — Demon International v OHIM — Big Line Sas di Graziani Lorenzo (DEMON)
(Case T-380/12)
2012/C 331/53
Language in which the application was lodged: German
Parties
Applicant: Demon International, LC (Orem, United States) (represented by: T. Krüger, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Big Line Sas di Graziani Lorenzo (Thiene (VI), Italy)
Form of order sought
—
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 June 2012 in Case R 1845/2011-4;
—
order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the action and of the appeal proceedings R 1845/2011-4.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark containing the word element ‘Demon’ for goods in Class 9 — Community trade mark No 6 375 398
Proprietor of the Community trade mark: Big Line Sas di Graziani Lorenzo
Applicant for the declaration of invalidity of the Community trade mark: Demon International, LC
Grounds for the application for a declaration of invalidity: International word mark ‘DEMON’ for goods in Class 28
Decision of the Cancellation Division: The application for a declaration of invalidity was granted in part
Decision of the Board of Appeal: The appeal was allowed and the application for a declaration of invalidity dismissed
Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b) of Regulation No 207/2009.
Full & Egal Universal Law Academy