Action brought on 24 September 2009 - Bianchin v OHIM - Grotto (GASOLINE)

(Case T-380/09)

Language in which the application was lodged: Italian

Parties

Applicant: Luciano Bianchin (Asolo, Italy) (represented by: G. Massa and P. Massa, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Grotto SpA (Chiuppano, Italy)

Form of order sought

Annul the decision of 13 July 209 on all the grounds set out in the application and order OHIM to pay the costs;

order the production of the documents filed in Case Nos B 630410, 000002087/C and R1455/2008-2.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: 'GASOLINE' (application for registration No 2.901.064) for goods in Class 9.

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity: GROTTO S.p.A.

Trade mark right of applicant for the declaration: Italian figurative mark composed of the word element 'GAS (keep it simple)' (registration Nos 959.343 and 876.729) for, inter alia, goods in Class 9, and figurative Community trade mark composed of the word element 'GAS' (No 2.867.463) for goods in Class 9.

Decision of the Cancellation Division: granted the application and declared that the registration of the Community trade mark in question was invalid.

Decision of the Board of Appeal: dismissed the appeal.

Pleas in law: Articles 8(1)(b) and 52(1)(b) of Regulation No 207/2009 are wholly inadequate.

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