Action brought on 10 May 2011 - Sanco v OHIM - Marsalman

(Representation of a chicken)

(Case T-249/11)

Language in which the application was lodged: Spanish

Parties

Applicant: Sanco SA (Barcelona, Spain) (represented by: A. Segura Roda, lawyer)

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

Other party to the proceedings before the Board of Appeal: Marsalman SL (Barcelona, Spain)

Form of order sought

The applicant claims that the General Court should:

Hold that the action brought against the Decision of the Second Board of Appeal of OHIM dated 17 February 2011 in Case R 1073/2010-2 is brought in time and in the prescribed manner, and in due course annul that decision, refuse registration of the Community mark No 6.675.383 for all its Classes and order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Marsalman SL

Community trade mark concerned: Figurative mark without text containing the graphic representation of a chicken framed in a semicircle (application for registration No 6.675.383) for goods in Class 29 and services in Classes 35 and 39.

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

Mark or sign cited in opposition: Spanish mark without text containing the graphic representation of a chicken framed in an oval (No 2.727.182) for goods in Classes 29 and 31.

Decision of the Opposition Division: Partial upholding of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Incorrect application and interpretation of Article 8(1)(b) of Regulation No 207/2009.

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