Judgment — ECLI:EU:T:2016:708
Date: 2016-12-06
Language of the case: Italian
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Italy

Action brought on 13 November 2015 — Tuum v OHIM — Thun (TUUM) (Case T-635/15) Language in which the application was lodged: Italian Parties Applicant: Tuum Srl (San Giustino, Italy) (represented by: B. Saguatti, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) Other party to the proceedings before the Board of Appeal: Thun SpA (Bolzano, Italy) Details of the proceedings before OHIM Proprietor of the trade mark at issue: Applicant Trade mark at issue: Community figurative mark containing the word element ‘TUUM’ — Application for registration No 11 939 774 Procedure before OHIM: Opposition proceedings Contested decision: Decision of the First Board of Appeal of OHIM of 3 September 2015 in Case R 2624/2014-1 Form of order sought The applicant claims that the Court should: annul the contested decision; reject definitively and in its entirety the opposition to the registration of the mark applied for in respect of the claimed goods in Class 14; instruct OHIM to register the mark applied for; order OHIM and the intervener to pay the costs, including those incurred in the proceedings before the Opposition Division and the Board of Appeal. Plea in law Infringement and misapplication of Article 8(1)(b) of Regulation No 207/2009. ____________