Judgment — ECLI:EU:T:2016:23
Date: 2016-01-21
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful

Action brought on 27 January 2014 – BR IP Holder v OHIM – Greyleg Investments (HOKEY POKEY) (Case T-62/14) Language in which the application was lodged: English Parties Applicant: BR IP Holder LLC (Canton, United States) (represented by: F. Traub, lawyer, and C. Rohsler, Solicitor) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Greyleg Investments Ltd (Baltonsborough, United Kingdom) Form of order sought The applicant claims that the Court should: Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 November 2013 given in Case R 1091/2012-4; Order the defendant to pay the costs of proceedings. Pleas in law and main arguments Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal Community trade mark concerned: The word mark “HOKEY POKEY” for “confectionery” in Class 30 – Community trade mark application No 9 275 678 Proprietor of the mark or sign cited in the opposition proceedings: The applicant Mark or sign cited in opposition: Earlier, non-registered trade mark “HOKEY POKEY” claimed to be in use in the United Kingdom for ‘confectionery, namely ice cream’ Decision of the Opposition Division: Rejected the opposition in its entirety Decision of the Board of Appeal: Dismissed the appeal Pleas in law: Infringement of Article 8(4) CTMR.