Action brought on 21 September 2012 - SFC Jardibric v OHIM - Aqua Center Europa (AQUA FLOW)

(Case T-417/12)

Language in which the application was lodged: French

Parties

Applicant: SFC Jardibric (St Jean de la Ruelle, France) (represented by: J.-L. Fourgoux, lawyer)

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

Other party to the proceedings before the Board of Appeal: Aqua Center Europa, SA (Madrid, Spain)

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 July 2012 in Case R 2230/2010-4, rejecting the appeal against the decision of the Cancellation Division of 16 September 2010;

Order OHIM 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: Figurative mark including the word element 'AQUA FLOW' for goods in Classes 6, 7, 9, 11, 17, 19 and 21 - Community trade mark No 1162064

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: Aqua Center Europa, SA

Grounds for the application for a declaration of invalidity: Figurative national mark including the word element 'VAQUA FLOW' for goods in Class 11

Decision of the Cancellation Division: Granting the application for cancellation

Decision of the Board of Appeal: Rejecting the appeal

Pleas in law: Infringement of Article 54(2) of Regulation No 207/2009; Absence of likelihood of confusion as to the goods; Absence of confusion between the signs.

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