Action brought on 7 June 2013 – Repsol v OHIM – Argiles (ELECTROLINERA)

(Case T-308/13)

Language in which the application was lodged: Spanish

Parties

Applicant: Repsol, SA (Madrid, Spain) (represented by: J. Devaureix and L. Montoya Terán, lawyers)

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

Other party to the proceedings before the Board of Appeal: Josep María Adell Argiles (Madrid, Spain)

Form of order sought

The applicant claims that the General Court should:

annul and declare inapplicable the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 March 2013 in Case R 1565/2012-1 and, consequently, allow the registration of Community trade mark No 9 548 884 ‘ELECTROLINERA’ for the goods in Classes 4, 37 and 39 in respect of which registration was refused in the contested decision;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Applicant

Community trade mark concerned: Word mark ‘ELECTROLINERA’ for goods and services in Classes 4, 35, 37 and 39 – Community trade mark application No 9 548 884

Proprietor of the mark or sign cited in the opposition proceedings: Josep María Adell Argiles

Mark or sign cited in opposition: National word mark ‘ELECTROLINERA’ for goods in Classes 6, 9 and 12

Decision of the Opposition Division: Opposition rejected in part

Decision of the Board of Appeal: Appeal upheld in part, decision of the Opposition Division annulled in part and, therefore, more extensive refusal of the Community trade mark application

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