Action brought on 4 April 2012 - Pri v OHIM - Belgravia Investment Group (PRONOKAL)

(Case T-159/12)

Language in which the application was lodged: Spanish

Parties

Applicant: Pri SA (Clémency, Luxembourg) (represented by: C. Marí Aguilar and F.J. Márquez Martín, lawyers)

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

Other party to the proceedings before the Board of Appeal: Belgravia Investment Group Ltd (Tortola, Islas Vírgenes Británicas)

Form of order sought

The applicant claims that the Court should:

annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 December 2011 in Case R 311/2011-2 which dismissed the action brought by Pri SA and granted, in part, the registration of Community trade mark No 57644099 'PRONOKAL' in Classes 5, 29, 30 and 32, of which BELGRAVIA is the proprietor, and reject in its entirety the registration of (BELGRAVIA's) Community trade mark No 5744099 'PRONOKAL' in Classes 5, 29, 30 and 32 for infringement of the rights of Pri SA;

order the defendant to pay the costs, in accordance with Article 87(2) and (3) of the Rules of Procedure.

Pleas in law and main arguments

Applicant for a Community trade mark: Belgravia Investment Group Ltd

Community trade mark concerned: word mark 'PRONOKAL' for goods in Classes 5, 29, 30 and 32 - Trade mark application No 5744099

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

Mark or sign cited in opposition: Spanish word mark and trade name 'PRONOKAL' for goods in Class 30

Decision of the Opposition Division: rejection in part of the opposition and registration in part of the mark applied for

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: infringement of Article 8(2)(c) of Regulation No 207/2009

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