Action brought on 11 July 2013 – Spain Doce 13 v OHIM – Ovejero Jiménez and Becerra Guibert (VICTORIA DELEF)
(Case T-359/13)
Language in which the application was lodged: Spanish
Parties
Applicant: Spain Doce 13, SL (Crevillente, Spain) (represented by: S. Rizzo, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other parties to the proceedings before the Board of Appeal: Gregorio Ovejero Jiménez and María Luisa Becerra Guibert (Alicante, Spain)
Form of order sought
The applicant claims that the General Court should:
annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 April 2013 in Case R 1046/2012-5 in so far as it refuses registration of Community trade mark application No 9 522 384 in relation to the following goods and services:
– Class 18: goods made of leather and imitations of leather not included in other classes;
– Class 25: clothing, footwear and headgear;
– Class 35: retail and wholesale services of clothing, footwear and accessories;
order OHIM to pay the costs in accordance with Article 87(2) of the Rules of Procedure of the General Court.
Pleas in law and main arguments
Applicant for a Community trade mark: Spain Doce 13, SL
Community trade mark concerned: Word mark ‘VICTORIA DELEF’ for goods and services in Classes 18, 25 and 35 – Community trade mark application No 9 522 384
Proprietors of the mark or sign cited in the opposition proceedings: Gregorio Ovejero Jiménez and María Luisa Becerra Guibert
Mark or sign cited in opposition: National figurative marks containing the word element ‘VICTORIA’, ‘Victoria’ and ‘victoria’ for goods in Class 25
Decision of the Opposition Division: Opposition rejected
Decision of the Board of Appeal: Appeal upheld in part
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009