Action brought on 30 July 2012 - El Hogar Perfecto del Siglo XXI v OHIM - Wenf International Advisers (Corkscrews)

(Case T-337/12)

Language in which the application was lodged: Spanish

Parties

Applicant: El Hogar Perfecto del Siglo XXI, SL (Madrid, Spain) (represented by: C. Ruiz Gallegos and E. Veiga Conde, lawyers)

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

Other party to the proceedings before the Board of Appeal: Wenf International Advisers Ltd (Tortola, Virgin Islands)

Form of order sought

Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 June 2012 in Appeal R89/2011-3;

order OHIM and the intervener to pay the costs

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Design for corkscrews - Community design 00083 0831-0001

Proprietor of the Community design: The applicant

Applicant for the declaration of invalidity of the Community design: Wenf International Advisers Ltd

Grounds for the application for a declaration of invalidity: National design for bottle openers

Decision of the Cancellation Division: Application upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

Infringement of Articles 4 and 6(1) of Regulation (EC) No 6/2002

Infringement of Articles 4 and 6(2) of Regulation (EC) No 6/2002

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