Action brought on 28 August 2012 - Borrajo Canelo and Others v OHIM

(Case T-381/12)

Language in which the application was lodged: Spanish

Parties

Applicants: Ana Borrajo Canelo (Madrid, Spain), Carlos Borrajo Canelo (Madrid), Luis Borrajo Canelo (Madrid) (represented by: A. Gómez López, lawyer)

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

Other party to the proceedings before the Board of Appeal: Technoazúcar (Havana, Cuba)

Form of order sought

Uphold the action and declare incompatible with Council Regulation (EC) No 40/94 on the Community trade mark (now Regulation (EC) No 207/2009) the decision of the Second Board of Appeal of 21 May 2012 in Case R 2265/2010-2, rejecting the action brought by the applicants for revocation against the decision of the Cancellation Division of 24 September 2010, rejecting the application for revocation of Community trade mark No 4 602 454 PALMA MULATA for goods in Class 33, for 'rum';

Order the defendant and, as appropriate, the intervener, to pay all the costs of the proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: Nominative mark PALMA MULATA for goods in Class 33 - registered Community trade mark No 4 602 454

Proprietor of the Community trade mark: Technoazúcar

Party applying for revocation of the Community trade mark: The applicants

Decision of the Cancellation Division: Rejection of the application for revocation

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 15(1)(a) of Regulation No 207/2009

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