# C_2012273EN.01001201.xml

| 8.9.2012 | EN | Official Journal of the European Union | C 273/12 |
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8.9.2012

EN

Official Journal of the European Union

C 273/12

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Action brought on 25 June 2012 — Bimbo v OHIM — Café do Brasil (Caffè KIMBO)

(Case T-277/12)

2012/C 273/20

Language in which the application was lodged: English

Parties

Parties

Applicant: Bimbo, SA (Barcelona, Spain) (represented by: J. Carbonell Callicó, 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: Café do Brasil SpA (Melito di Napoli, Italy)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

| — | Modify the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2012 in case R 1017/2011-4; |
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Modify the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2012 in case R 1017/2011-4;

| — | In the alternative and only in the case the former claim would be rejected, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2012 in case R 1017/2011-4; and |
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In the alternative and only in the case the former claim would be rejected, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2012 in case R 1017/2011-4; and

| — | Order the defendant and the other party to the proceedings to pay the costs of the proceedings. |
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Order the defendant and the other party to the proceedings 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 in black, red, gold and white ‘Caffè KIMBO’, for goods in classes 11, 21 and 30 — Community trade mark application No 3478311

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 trade mark registration No 291655 of the word mark ‘BIMBO’ for goods in class 30; Earlier well-known mark in Spain ‘BIMBO’ for goods in class 30

Mark or sign cited in opposition:

Decision of the Opposition Division: Upheld the opposition for part of the contested goods

Decision of the Opposition Division:

Decision of the Board of Appeal: Partially annulled the contested decision and dismissed the appeal for the remainder

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Articles 64, 75 and 76 of Council Regulation (EC) No 207/2009; and |
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Infringement of Articles 64, 75 and 76 of Council Regulation (EC) No 207/2009; and

| — | Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009. |
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Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009.

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