Judgment — ECLI:EU:T:2016:329
Date: 2016-06-01
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful;Judgment delivered after back reference

Action brought on 3 July 2012 - Mega Brands v OHIM - Diset (MAGNEXT) (Case T-292/12) Language in which the application was lodged: English Parties Applicant: Mega Brands International, Luxembourg, Zweigniederlassung Zug (Zug, Suisse) (represented by: A. Nordemann, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Diset, SA (Barcelona, Spain) 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 24 April 2012 in case R 1722/2011-4 and reject the opposition No B 1681447; and Order the defendant to bear the costs of the proceedings. Pleas in law and main arguments Applicant for a Community trade mark: The applicant Community trade mark concerned: The word mark "MAGNEXT", for goods in class 28 - Community trade mark application No 8990591 Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal Mark or sign cited in opposition: Spanish trade mark registration No 2550099 of the word mark "MAGNET 4", for goods in class 28; Community trade mark registration No 3840121 of the figurative mark "Diset Magnetics", for goods and services in classes 16, 28 and 41 Decision of the Opposition Division: Upheld the opposition and rejected the application in its entirety Decision of the Board of Appeal: Dismissed the appeal Pleas in law: Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009. ____________