Action brought on 22 December 2009 -Baena Grupo v OHIM - Neuman and Galdeano del Sel (Designs)

(Case T-513/09)

Language in which the application was lodged: Spanish

Parties

Applicant: José Manuel Baena Grupo, SA (Santa Perpètua de Mogoda, Spain) (represented by: A. Canela Giménez, lawyer)

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

Other parties to the proceedings before the Board of Appeal of OHIM: Herbert Neuman and Andoni Galdeano del Sel

Form of order sought

allow the action against the decision of 14 October 2009 of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) in Case R 1323/2008-3;

annul OHIM's decision;

order OHIM 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: Community registered design No 000 426 895-0002 for 'ornamentation for T-shirts, ornamentation for caps, ornamentation for stickers, ornamentation for printed material including advertising material.

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity: Herbert Neuman and Andoni Galdeano del Sel

Trade mark right of applicant for the declaration: figurative Community mark No 1.312.651, for goods in Classes 25, 28 and 32 of the Classification of Nice.

Decision of the Cancellation Division of the Designs Department: allow the application and declare the design to be invalid.

Decision of the Board of Appeal: annul the contested decision and, pursuant to the power conferred on it by Article 60(1) of Regulation No 6/2002 on Community designs, decide the appeal on its merits and declare the invalidity of the Community design.

Pleas in law: incorrect interpretation of Article 6(1) of Regulation No 6/2002.

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