Action brought on 3 December 2012 - Recaro v OHIM - Certino Mode (RECARO)

(Case T-524/12)

Language in which the application was lodged: English

Parties

Applicant: Recaro Beteiligungs-GmbH (Kaiserslautern, Germany) (represented by: J. Weiser, lawyer)

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

Other party to the proceedings before the Board of Appeal: Certino Mode, SL (Elche, Spain)

Form of order sought

The applicant claims that the Court should:

Alter the contested decision so that the appeal brought by the intervener is rejected and CTM No 734343 "RECARO" is revoked in its entirety;

In the alternative, annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in case R 1761/2011-1; and

Order OHIM and, as the case may be, the intervener to pay the costs for these proceedings and of the appeal procedure before OHIM.

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: The word mark "RECARO", for goods in classes 10 and 25 - Community trade mark registration No 734343

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Party applying for revocation of the Community trade mark: The applicant

Decision of the Cancellation Division: Revoked the Community trade mark

Decision of the Board of Appeal: Partially annulled the contested decision

Pleas in law:

-    Infringement of Article 51(1)(a) in conjunction with Article 15 of Council Regulation No 207/2009;

-    Infringement of Article 76(2) of Council Regulation No 207/2009 in conjunction with Rule 50(1) of Commission Regulation No 2868/95; and

-    Infringement of Article 75(1) of Council Regulation No 207/2009

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