Action brought on 11 July 2013 – Spain Doce 13 v OHIM – Ovejero Jiménez and Becerra Guibert (VICTORIA DELEF)

(Case T-359/13)

Language in which the application was lodged: Spanish

Parties

Applicant: Spain Doce 13, SL (Crevillente, Spain) (represented by: S. Rizzo, lawyer)

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

Other parties to the proceedings before the Board of Appeal: Gregorio Ovejero Jiménez and María Luisa Becerra Guibert (Alicante, Spain)

Form of order sought

The applicant claims that the General Court should:

annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 April 2013 in Case R 1046/2012-5 in so far as it refuses registration of Community trade mark application No 9 522 384 in relation to the following goods and services:

–     Class 18: goods made of leather and imitations of leather not included in other classes;

–     Class 25: clothing, footwear and headgear;

–    Class 35: retail and wholesale services of clothing, footwear and accessories;

order OHIM to pay the costs in accordance with Article 87(2) of the Rules of Procedure of the General Court.

Pleas in law and main arguments

Applicant for a Community trade mark: Spain Doce 13, SL

Community trade mark concerned: Word mark ‘VICTORIA DELEF’ for goods and services in Classes 18, 25 and 35 – Community trade mark application No 9 522 384

Proprietors of the mark or sign cited in the opposition proceedings: Gregorio Ovejero Jiménez and María Luisa Becerra Guibert

Mark or sign cited in opposition: National figurative marks containing the word element ‘VICTORIA’, ‘Victoria’ and ‘victoria’ for goods in Class 25

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Appeal upheld in part

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009