Judgment — ECLI:EU:T:2014:935
Date: 2014-11-06
Language of the case: German
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 22 October 2012 - Popp and Zech v OHIM - Müller-Boré & Partner (MB) (Case T-463/12) Language in which the application was lodged: German Parties Applicants: Eugen Popp (Munich, Germany) and Stefan M. Zech (Munich) (represented by: C. Rohnke and M. Jacob, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Müller-Boré & Partner (Munich, Germany) Form of order sought The applicants claim that the Court should: Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 July 2012 in Case R 506/2011-1; Order the defendant to pay the costs. Pleas in law and main arguments Applicant for a Community trade mark: the applicant Community trade mark concerned: the word mark 'MB' for services in Class 42 - Community trade mark application No 7 369 771 Proprietor of the mark or sign cited in the opposition proceedings: Müller-Boré & Partner Mark or sign cited in opposition: the word mark MBP and the national and Community trade mark, including the word element 'MB&P', for services in Classes 35 and 42 Decision of the Opposition Division: rejection of the opposition Decision of the Board of Appeal: the appeal was upheld and the application was rejected Pleas in law: Infringement of Article 42(2) and Article 15(1) of Regulation No 207/2009 Infringement of Article 8(1)(b) of Regulation No 207/2009 ____________