Action brought on 21 December 2012 - Royalton Overseas/OHIM - SC Romarose Invest (KAISERHOFF)

(Case T-556/12)

Language in which the application was lodged: English

Parties

Applicant: Royalton Overseas Ltd (Road Town, British Virgin Islands) (represented by: C. Năstase, lawyer)

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

Other party to the proceedings before the Board of Appeal: SC Romarose Invest Srl (Bucharest, Romania)

Form of order sought

The applicant claim that the Court should:

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trademarks and design) as of October 4, 2012 and Communicated on October 22, 2012 in the case file No R 2535/2011-1.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark "KAISERHOFF", for goods in classes 8 and 21 - Community trade mark registration No 9 242 066

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Romanian trade mark registration No 110 809 of the word mark "KAISERHOFF" for goods in classes 11, 21 and 35

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Rule 50, corroborated with Rule 20(7) of Regulation No 2868/95 and Articles 76(1) and 42(5) of Council Regulation No 2007/2009.

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