Action brought on 22 November 2012 - El Corte Inglés v OHIM - English Cut (The English Cut)

(Case T-515/12)

Language in which the application was lodged: Spanish

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela, J. Rivas Zurdo and I. Munilla Muñoz, lawyers)

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

Other party to the proceedings before the Board of Appeal: The English Cut, SL (Malaga, Spain)

Form of order sought

The applicant claims that the General Court should:

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 1673/2011-1, and declare that, pursuant to Article 8(1)(b) of Regulation No 207/2009, the action brought by the opponent before OHIM should have been upheld and the decision of the Opposition Division to grant Community trade mark application No 8 868 747 'The English Cut' (word mark) should have been annulled;

order the defendant and the other party opposing this action to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The English Cut, SL

Community trade mark concerned: Word mark 'The English Cut', for goods in Class 25 - Community trade mark application No 8 868 747

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

Mark or sign cited in opposition: National and Community word and figurative marks 'El Corte Inglés' for goods in Classes 25 and 35

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 and of Article 8(5) of that regulation.

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