Judgment — ECLI:EU:T:2014:178
Date: 2014-04-03
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Portugal

Action brought on 6 August 2012 - Debonair Trading Internacional v OHIM - Ibercosmetica (SÔ:UNIC) (Case T-356/12) Language in which the application was lodged: English Parties Applicant: Debonair Trading Internacional Ldª (Funcha, Madeira) (represented by: T. Alkin, Barrister) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Ibercosmetica, SA de CV (Mexico City, Mexico) Form of order sought Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 June 2012 in case R 1033/2011-4; Order the other party to pay the costs incurred by the applicant. 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 "SÔ:UNIC", for goods in class 3 - Community trade mark application No 8197972 Proprietor of the mark or sign cited in the opposition proceedings: The applicant Mark or sign cited in opposition: A series of 24 Community, International, UK and Irish registered trade marks consisting of the word "SO" combined with other material, for goods in class 3; A series of 17 unregistered signs consisting of the word "SO" combined with other material, used in connection with goods in class 3 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(1)(b) of Council Regulation No 207/2009; - Infringement of Rule 15(2)(b)(iii) of Commission Regulation No 2868/95; and - Infringement of Article 8(4) of Council Regulation No 207/2009. ____________