Action brought on 14 January 2014 – José Manuel Baena Grupo v OHIM – Neuman and Galdeano del Sel (Representation of a seated figure)

(Case T-28/14)

Language in which the application was lodged: Spanish

Parties

Applicant: José Manuel Baena Grupo, SA (Santa Perpètua de Mogoda, Spain) (represented by: A. Canela Giménez, lawyer)

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

Other party to the proceedings before the Board of Appeal: Herbert Neuman and Andoni Galdeano del Sel (Tarifa, Spain)

Form of order sought

The applicant claims that the Court should:

annul OHIM’s decision;

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: Registered Community design No 426 895-002 for ‘T-shirts (Ornamentation for); Caps (Ornamentation for); Stickers (Ornamentation for); Printed matter, including advertising materials (Ornamentation for)’.

Proprietor of the Community trade mark: Applicant

Applicant for the declaration of invalidity of the Community trade mark: Herbert Neuman and Andoni Galdeano del Sel

Mark or design of the applicant for the declaration of invalidity: Community figurative mark No 1 312 651, for goods in Classes 25, 28, and 32 of the Nice Classification.

Decision of the Cancellation Division: Application upheld and design declared invalid

Decision of the Board of Appeal: Appeal dismissed in part

Pleas in law: Incorrect interpretation of Regulation No 6/2002