Judgment — ECLI:EU:T:2014:30
Date: 2014-01-23
Language of the case: German
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 27 December 2012 - Coppenrath-Verlag v OHIM - Sembella (Rebella) (Case T-551/12) Language in which the application was lodged: German Parties Applicant: Coppenrath-Verlag GmbH & Co. KG (Münster, Germany) (represented by: D. Pohl, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Sembella GmbH (Timelkam, Austria) Form of order sought The applicant claims that the Court should: Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 October 2012 in Case R 1681/2011-2; Order OHIM to pay the costs including those incurred in the course of the appeal proceedings. Pleas in law and main arguments Applicant for a Community trade mark: the applicant Community trade mark concerned: the word mark 'Rebella' for goods in Classes 20 and 24 - Community trade mark application No 8 498 735 Proprietor of the mark or sign cited in the opposition proceedings: Sembella GmbH Mark or sign cited in opposition: the word mark 'Sembella' for goods in Classes 17, 20 and 22 Decision of the Opposition Division: the opposition was upheld in part Decision of the Board of Appeal: the appeal was dismissed and the application was accordingly rejected Pleas in law: Infringement of Article 42(2) of Regulation No 207/2009 and infringement of Article 8(1)(b) of Regulation No 207/2009 ____________