Action brought on 27 November 2012 - Ted-Invest v OHIM - Scandia Down (sensi scandia)

(Case T-516/12)

Language in which the application was lodged: English

Parties

Applicant: Ted - Invest EOOD (Plovdiv, Bulgaria) (represented by: A. Ivanova, lawyer)

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

Other party to the proceedings before the Board of Appeal: Scandia Down LLC (Weehawken, United States)

Form of order sought

The applicant claims that the 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 2247/2011-1, for declaring the trademark as invalid for the goods in classes 20 and 24;

Alternatively if the Court does not uphold the whole appeal, to uphold the appeal and to annul the decision of the First Board of Appeal in connection with the goods in class 20.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark "sensi scandia", for goods in classes 16, 20 and 24 - Community trade mark registration No 8596975

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The request for a declaration of invalidity was based on the grounds laid down in Article 53(1) in conjunction with Article 8(1)(b) of Council Regulation No 207/2009, and was based on the Community trade mark registration No 8173312 of the word mark "SCANDIA HOME", for goods and services in classes 20, 24, 25 and 35

Decision of the Cancellation Division: Declared the contested CTM invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 53(1) in conjunction with Articles 8(2) and 8(1) of Council Regulation No 207/2009.

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