# C_2012355EN.01003001.xml

| 17.11.2012 | EN | Official Journal of the European Union | C 355/30 |
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17.11.2012

EN

Official Journal of the European Union

C 355/30

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Action brought on 30 August 2012 — Elite Licensing v OHIM — Aguas De Mondariz Fuente del Val (elite BY MONDARIZ)

(Case T-386/12)

2012/C 355/64

Language in which the application was lodged: English

Parties

Parties

Applicant: Elite Licensing Company SA (Fribourg, Suisse) (represented by: J. Albrecht, 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: Aguas De Mondariz Fuente del Val, SL (Mondariz, Spain)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

| — | Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 June 2012 in case R 9/2011-5; and |
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Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 June 2012 in case R 9/2011-5; and

| — | Order the defendant to pay the costs of the proceedings. |
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Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for a Community trade mark:

Community trade mark concerned: The figurative mark ‘elite BY MONDARIZ’, for goods and services in classes 32, 38 and 39 — Community trade mark application No 6957872

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:: Community trade mark registration No 4995114 for the word mark ‘ELITE MODEL LOOK’, for goods and services in classes 8, 9, 11, 21 and 38; Community trade mark application No 5765185 for the figurative mark ‘elite’, for goods and services in classes 3, 5, 8, 9, 10, 11, 12, 14, 16, 18, 20, 21, 24, 25, 26, 28, 32, 35, 38, 41, 43 and 44; International trade mark registration No 949195 for the figurative mark ‘elite’, for goods and services in classes 3, 5, 8, 9, 10, 11, 12, 14, 16, 18, 20, 21, 24, 25, 26, 28, 32, 35, 38, 41, 43 and 44

Mark or sign cited in opposition::

Decision of the Opposition Division: Upheld the opposition and rejected the Community trade mark application in its entirety

Decision of the Opposition Division:

Decision of the Board of Appeal: Annulled the contested decision and rejected the opposition

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Rules 48(2), 49(1) and 96 (1) of Commission Regulation No 2868/95; and |
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Infringement of Rules 48(2), 49(1) and 96 (1) of Commission Regulation No 2868/95; and

| — | Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009. |
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Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009.

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