Action brought on 22 March 2013 – DTL Corporación v OHIM - Vallejo Rosell (Generia)

(Case T-176/13)

Language in which the application was lodged: Spanish

Parties

Applicant: DTL Corporación, SL (Madrid, Spain) (represented by: A. Zuazo Araluze, lawyer)

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

Other party to the proceedings before the Board of Appeal: Mar Vallejo Rosell (Pinto, Spain)

Form of order sought

The applicant claims that the General Court should:

annul the decision of the Fourth Board of Appeal of 24 January 2013 in Case R 661/2012-4, dismissing the appeal brought against the rejection of the application for Community trade mark No 8 830 821 ‘Generia’ in respect of all of the goods and services in Classes 9, 37, 40, 41 and 42 and in respect of some of the services in Class 35;

in accordance with Article 87 of the Rules of Procedure of the General Court, order the costs of this action to be paid by OHIM and the other parties to the proceedings who oppose this action.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: Word mark ‘Generia’ for goods and services in Classes 9, 11, 35, 37, 40, 41 and 42 – Community trade mark application No 8 830 821

Proprietor of the mark or sign cited in the opposition proceedings: Mar Vallejo Rosell

Mark or sign cited in opposition: Figurative mark in grey and white with the word elements ‘Generalia generación renovable’ for goods and services in Classes 7, 35 and 40

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b), Article 63(2) and Article 75 of Regulation No 207/2009