Action brought on 22 August 2012 - Demon International v OHIM - Big Line Sas di Graziani Lorenzo (DEMON)

(Case T-380/12)

Language in which the application was lodged: German

Parties

Applicant: Demon International, LC (Orem, United States) (represented by: T. Krüger, lawyer)

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

Other party to the proceedings before the Board of Appeal: Big Line Sas di Graziani Lorenzo (Thiene (VI), Italy)

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 June 2012 in Case R 1845/2011-4;

order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the action and of the appeal proceedings R 1845/2011-4.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark containing the word element 'Demon' for goods in Class 9 - Community trade mark No 6 375 398

Proprietor of the Community trade mark: Big Line Sas di Graziani Lorenzo

Applicant for the declaration of invalidity of the Community trade mark: Demon International, LC

Grounds for the application for a declaration of invalidity: International word mark 'DEMON' for goods in Class 28

Decision of the Cancellation Division: The application for a declaration of invalidity was granted in part

Decision of the Board of Appeal: The appeal was allowed and the application for a declaration of invalidity dismissed

Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b) of Regulation No 207/2009.

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