Action brought on 29 December 2011 - Sigla v OHIM (VIPS CLUB)

(Case T-673/11)

Language of the case: Spanish

Parties

Applicant: Sigla (Madrid, Spain) (represented by E. Armijo Chávarri, lawyer)

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

Form of order sought

The applicant claims that the Court should:

find the present application and the accompanying documents to be duly lodged and admissible, take note that an action has been brought against the Decision of 6 October 2011 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) in Case R 641/2011-1 and, following the appropriate procedural steps, give judgment annulling the abovementioned decision and expressly order the Office to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'VIPS CLUB' for goods and services in Classes 29, 30 and 43

Decision of the Examiner: Refusal to register the mark applied for

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009, since the sign applied for is not descriptive and has distinctive character.

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