Action brought on 22 October 2012 - Sothys Auriac v OHIM - Grand Hotel Primavera (BEAUTY GARDEN)
(Case T-470/12)
Language in which the application was lodged: French
Parties
Applicant: Sothys Auriac (Auriac, France) (represented by: A. Berthet, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Grand Hotel Primavera SA (Borgo Maggiore, Saint-Martin)
Form of order sought
The applicant claims that the Court should:
declare the present action to be admissible;
annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 July 2012 on Case R 11419/2011-1;
order OHIM 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: BEAUTY GARDEN for goods in Classes 3, 5, 29, 30 and 32 - Community trade mark No 3 456 134
Proprietor of the Community trade mark: Applicant
Applicant for the declaration of invalidity of the Community trade mark: Grand Hotel Primavera SA
Grounds for the application for a declaration of invalidity: National figurative mark containing the word element 'BEAUTY GARDEN' for goods in Classes 3 and 5
Decision of the Cancellation Division: Application upheld in part
Decision of the Board of Appeal: Appeal rejected in part and decision of the Cancellation Division annulled in part and revised by the Board of Appeal.
Pleas in law:
Infringement of Article 76(1) and Article 75 of Regulation No 207/2009
Infringement of the general principle that reasons must be given in OHIM decisions and that the adversarial nature of proceedings must be observed.
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