Action brought on 1 March 2013 - Vicente Gandia Pla/OHIM - Tesco Stores (MARQUES DE CHIVÉ)
(Case T-128/13)
Language in which the application was lodged: English
Parties
Applicant: Vicente Gandia Pla, SA (Chiva, Spain) (represented by: I. Temiño Ceniceros, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Tesco Stores Ltd (Cheshunt, United Kingdom)
Form of order sought
The applicant claims/claim that the Court should:
Declare admissible the here concerned appeal and enclosures;
Annul the Boards of Appeal Decision;
Condemn the OHIM and the intervener to bear the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The figurative mark "MARQUES DE CHIVÉ" for goods in classes 29, 32 and 33 - Community trade mark registration No 9 571 415
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: United Kingdom registration No 1 520 720 of the word mark "MARQUES DE CHIVE" for goods in class 33
Decision of the Opposition Division: Rejected the opposition directed at the application for the goods in class 33 for lack of genuine use
Decision of the Board of Appeal: Annulled the contested decision and rejected the application for the goods in class 33
Pleas in law: Infringement of Articles 42(2) and (3) of Council Regulation No 207/2009.
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