# C_2013038EN.01002502.xml

| 9.2.2013 | EN | Official Journal of the European Union | C 38/25 |
| --- | --- | --- | --- |

9.2.2013

EN

Official Journal of the European Union

C 38/25

---

Action brought on 12 November 2012 — Refrigue-confecções para o frio v OHIM — Fronsac SW and Sixty International (Refrigue for cold)

(Case T-511/12)

2013/C 38/45

Language in which the application was lodged: Italian

Parties

Parties

Applicant: Refrigue-confecções para o frio, Lda (Pinhal Novo, Portugal) (represented by: C. Bacchini and M. Mazzitelli, lawyers)

Applicant:

da

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

Defendant:

Other parties to the proceedings before the Board of Appeal: Fronsac SW and Sixty International SA (Luxembourg, Luxembourg)

Other parties to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the General Court should:

| — | annul in part the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 August 2012 in Case R 2353/2010-2, insofar as that decision upheld the opposition to registration of the mark at issue ‘Refrigue for Cold’ for all the contested goods in Classes 18 and 25; |
| --- | --- |

—

annul in part the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 August 2012 in Case R 2353/2010-2, insofar as that decision upheld the opposition to registration of the mark at issue ‘Refrigue for Cold’ for all the contested goods in Classes 18 and 25;

| — | order OHIM to pay the costs. |
| --- | --- |

—

order OHIM to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Applicant for a Community trade mark:

Community trade mark concerned: Figurative mark containing the word elements ‘Refrigue for cold’, for goods in Classes 18, 24 and 25 — Trade mark application No 5 486 725

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Fronsac SW and Sixty International SA

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

Mark or sign cited in opposition: Community and national figurative marks containing the word element ‘RefrigiWear’ and national figurative mark containing the word elements ‘This RefrigiWear’, for goods in Classes 3, 9, 14, 18 and 25

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition rejected

Decision of the Opposition Division:

Decision of the Board of Appeal: Decision of the Opposition Division annulled in part and application for registration dismissed in part

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009 |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation No 207/2009

| — | Infringement of Article 75 of Regulation No 207/2009 |
| --- | --- |

—

Infringement of Article 75 of Regulation No 207/2009

| — | Infringement of Article 76 of Regulation No 207/2009 |
| --- | --- |

—

Infringement of Article 76 of Regulation No 207/2009

---