Action brought on 10 April 2012 - Bolívar Cerezo v OHIM - Renovalia Energy (RENOVALIA)

(Case T-166/12)

Language in which the application was lodged: Spanish

Parties

Applicant: Juan Bolívar Cerezo (Granada, Spain) (represented by: I.M. Barroso Sánchez-Lafuente, lawyer)

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

Other party to the proceedings before the Board of Appeal: Renovalia Energy, SA (Villarobledo, Spain)

Form of order sought

The applicant claims that the Court should:

annul the decision of the First Board of Appeal of 26 January 2012 of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 663/2011-1, resulting in the registration of Community trade mark No 8 631 814 'RENOVALIA' for 'Insurance; financial affairs; monetary affairs; real estate affairs' in Class 36;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: Word mark 'RENOVALIA' for goods and services in Classes 11, 25, 35, 36, 37 and 41 - application for Community trade mark No 8 631 814

Proprietor of the mark or sign cited in the opposition proceedings: Renovalia Energy, SA

Mark or sign cited in opposition: Spanish word marks 'RENOVA ENERGY' and 'RENOVAENERGY' and trade name 'RENOVALIA' for services in Class 36

Decision of the Opposition Division: opposition upheld in part

Decision of the Board of Appeal: appeal dismissed

Pleas in law: There is a likelihood of confusion between the applicant's priority Spanish mark No 2 715 975 'RENOVALIA' and the opposing Spanish marks. An action for annulment is to be brought before the competent Spanish national court against the opposing Spanish marks, as a result of which those marks will no longer be able to be relied on to oppose the registration of the Community trade mark applied for

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