Action brought on 27 June 2012 - El Corte Inglés v OHIM - Sohawon (FREE YOUR STYLE.)

(Case T-282/12)

Language in which the application was lodged: Spanish

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela, J. Rivas Zurdo and I. Munilla Muñoz, lawyers)

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

Other party to the proceedings before the Board of Appeal: Nadia Mariam Sohawon (London, United Kingdom)

Form of order sought

The applicant claims that the Court should:

annul the decision of 17 April 2012 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 1825/2010-4, and find that, pursuant to Article 8(1)(b) of Regulation No 207/2009, the action brought by the opposing party before OHIM should have been upheld for the following services in Class 35: retail services, wholesale services, mailing services and online retail services related to clothing, footwear and headgear, and the decision of the Opposition Division to fully grant Community trade mark No 7 396 468 'FREE YOUR STYLE' (mixed) should have been annulled;

order the party or parties which oppose this action to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Nadia Mariam Sohawon

Community trade mark concerned: Figurative mark 'FREE YOUR STYLE.' for goods and services in Classes 25, 35 and 41 - Community trade mark application No 7 396 468

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Mark or sign cited in opposition: Community and Spanish word mark 'FREE STYLE' for goods in Classes 3, 18 and 25

Decision of the Opposition Division: opposition rejected

Decision of the Board of Appeal: appeal dismissed in part

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009

____________