# C_2012013EN.01001601.xml

| 14.1.2012 | EN | Official Journal of the European Union | C 13/16 |
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14.1.2012

EN

Official Journal of the European Union

C 13/16

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Action brought on 28 September 2011 — Otero González v OHIM — Apli-Agipa (APLI-AGIPA)

(Case T-522/11)

2012/C 13/33

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: José Luis Otero González (Barcelona, Spain) (represented by: S. Correa, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Apli-Agipa SAS (Dormans, France)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 July 2011 in Case R 1454/2010-2 in relation to the partial granting of the application for the following goods ‘photographs, adhesives (glues) for stationery or household purposes; paint brushes, typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks’; |
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Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 July 2011 in Case R 1454/2010-2 in relation to the partial granting of the application for the following goods ‘photographs, adhesives (glues) for stationery or household purposes; paint brushes, typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks’;

| — | refuse Community trade mark application No 5676382 ‘APLI-AGIPA’ in respect of all the goods granted in Class 16; |
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refuse Community trade mark application No 5676382 ‘APLI-AGIPA’ in respect of all the goods granted in Class 16;

| — | order the defendant to pay the costs. |
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order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Apli-Agipa SAS.

Applicant for a Community trade mark:

Community trade mark concerned: Word mark ‘APLI-AGIPA’ for goods in Class 16.

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: Spanish word mark ‘AGIPA’ and Spanish figurative mark that contains the word element ‘a-agipa’, both for goods in Class 16.

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition upheld.

Decision of the Opposition Division:

Decision of the Board of Appeal: Appeal upheld in part.

Decision of the Board of Appeal:

Plea in law: Infringement of Article 8(1)(b) of Regulation No 207/2009, since there is a likelihood of confusion between the marks at issue.

Plea in law:

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