Action brought on 28 January 2013 - Sabores de Navarra v OHIM - Frutas Solano (KIT, EL SABOR DE NAVARRA)

(Case T-46/13)

Language in which the application was lodged: Spanish

Parties

Applicant: Sabores de Navarra, AIE (Pamplona, Spain) (represented by: J. Calderón Chavero and O. González Fernández, lawyers)

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

Other party to the proceedings before the Board of Appeal: Frutas Solano, SA (Calahorra, Spain)

Form of order sought

The applicant claims that the Court should:

annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 November 2012 in Cases R 2542/2011-2 and R 2550/2011-2;

consequently, apply the decision of 11 October 2011 adopted by the Cancellation Division of OHIM in annulment proceedings No 4633 C; that decision declared invalid in part Community Trade Mark No 5042346 'KIT, EL SABOR DE NAVARRA' (word mark) in respect of Class 29 for 'Preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; all originating in Navarra' and in respect of Class 30 for 'Pastry and confectionery, honey, treacle; sauces (condiments); spices';

uphold the applicant's submissions requiring the relevant Cancellation Division of OHIM to declare invalid once again the goods set out in the previous point;

order OHIM to pay the costs associated with the present action.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark 'KIT, EL SABOR DE NAVARRA' for goods in Classes 29, 30 and 33 - Registered Community Trade Mark No 5 042 346

Proprietor of the Community trade mark: Frutas Solano, SA

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: Figurative mark with the word element 'Sabores de Navarra La Sabiduría del Sabor' for goods and services in Classes 29, 30, 33, 39 and 42

Decision of the Cancellation Division: Application upheld in part

Decision of the Board of Appeal: Appeal brought by Frutas Solano, SA upheld in part and partial annulment of the decision of the Cancellation Division, dismissal of the applicant's action

Pleas in law:

Breach of Article 8(1)(b) of Regulation No 207/2009, in conjunction with Article 53(1)(a) of that regulation;

Breach of Article 15 of Regulation No 207/2009

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