Action brought on 22 December 2009 — Baena Grupo v OHIM — Neuman and Galdeano del Sel (Designs)

(Case T-513/09)

2010/C 51/72

Language in which the application was lodged: Spanish

Parties

Applicant: José Manuel Baena Grupo, SA (Santa Perpètua de Mogoda, Spain) (represented by: A. Canela Giménez, lawyer)

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

Other parties to the proceedings before the Board of Appeal of OHIM: Herbert Neuman and Andoni Galdeano del Sel

Form of order sought

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Community registered design No 000 426 895-0002 for ornamentation for T–shirts, ornamentation for caps, ornamentation for stickers, ornamentation for printed material including advertising material.

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity: Herbert Neuman and Andoni Galdeano del Sel

Trade mark right of applicant for the declaration: figurative Community mark No 1 312 651, for goods in Classes 25, 28 and 32 of the Classification of Nice.

Decision of the Cancellation Division of the Designs Department: allow the application and declare the design to be invalid.

Decision of the Board of Appeal: annul the contested decision and, pursuant to the power conferred on it by Article 60(1) of Regulation No 6/2002 on Community designs, decide the appeal on its merits and declare the invalidity of the Community design.

Pleas in law: incorrect interpretation of Article 6(1) of Regulation No 6/2002.

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