Action brought on 5 September 2012 - Lidl Stiftung v OHIM - Unipapel Industria Comercio y Servicios (UNITED OFFICE)

(Case T-391/12)

Language in which the application was lodged: English

Parties

Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter and S. Paul, lawyers)

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

Other party to the proceedings before the Board of Appeal: Unipapel Industria Comercio y Servicios, SL (Tres Cantos, Spain)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 June 2012 in case R 745/2011-1; and

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark "UNITED OFFICE", for goods in classes 9, 16 and 20 - Community trade mark application No 7454606

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The request for a declaration of invalidity was based on the grounds laid down in Article 53(1) of Council Regulation No 207/2009, and on Community trade mark registration No 1445832 of the word mark "UNIOFFICE", for goods in class 16

Decision of the Cancellation Division: Revoked the challenged Community trade mark in respect of part of the goods

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law:

-    Infringement of Article 15(1) in combination with Article 42(2) and (3) of Council Regulation No 207/2009 and Rule 22(3) and (4) of Commission Regulation No 2868/95

-    Infringement of Article 8(1)(b) of Council Regulation No 207/2009.

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