Action brought on 28 September 2012 - Deutsche Rockwool Mineralwoll v OHIM - Ceramicas del Foix (Rock & Rock)

(Case T-436/12)

Language in which the application was lodged: English

Parties

Applicant: Deutsche Rockwool Mineralwoll GmbH & Co. OHG (Gladbeck, Germany) (represented by: J. Krenzel, lawyer)

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

Other party to the proceedings before the Board of Appeal: Ceramicas del Foix, SA (Barcelona, Spain)

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 July 2012 in case R 495/2011-2; and

Order the defendant 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: The figurative mark "Rock & Rock", for goods in classes 2, 19 and 27 - Community trade mark registration No 3468774

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: The request for a declaration of invalidity was based on relative grounds for refusal pursuant to Article 53(1)(a) in conjunction with Article 8(1)(b) of Council Regulation No 207/2009. The cancellation applicant invoked the following earlier rights: German trade mark registration No 30229274 of the word mark "Rock", for goods and services in classes 1, 6, 7, 8, 17, 19, 37 and 42; German trade mark registration No 30212141 of the word mark "MASTERROCK", for goods and services in classes 17, 19 and 37; German trade mark registration No 39920622 of the word mark "FIXROCK", for goods in classes 6, 17 and 19; German trade mark registration No 2078534 of the word mark "FLEXIROCK", for goods in class 19; German trade mark registration No 39732094 of the word mark "COVERROCK", for goods in classes 17 and 19; German trade mark registration No 30306452 of the word mark "CEILROCK", for goods in classes 6, 17 and 19

Decision of the Cancellation Division: Rejected the request for a declaration of invalidity

Decision of the Board of Appeal: Dismissed the appeal

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

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