Judgment — ECLI:EU:T:2014:12
Date: 2014-01-16
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 24 August 2012 - Ferienhäuser zum See v OHIM - Sunparks Groep (Sun Park Holidays) (Case T-383/12) Language in which the application was lodged: English Parties Applicant: Ferienhäuser zum See GmbH (Marienmünster, Germany) (represented by: M. Boden and I. Höfener, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Sunparks Groep NV (Den Haan, Belgium) 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 25 June 2012 in case R 1928/2011-4; Annul the decision of the Opposition Division of 25 July 2011; and Order OHIM to pay the costs. Pleas in law and main arguments Applicant for a Community trade mark: The applicant Community trade mark concerned: The figurative mark "Sun Park Holidays Die wohl kinderfreundlichste Art Campingurlaub zu machen!" in colours blue, yellow and black, for services in classes 39 and 43 - Community trade mark application No 9078049 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: Community trade mark registration No 6852453 for the figurative mark in colours blue and green "Sunparks Holiday Parks", for services in classes 39, 41 and 43; Benelux trade mark registration No 834301 of the word mark "SUNPARK"; Benelux trade mark registration No 853882 and International registration No 992185 for the figurative mark "SUNPARKS" Decision of the Opposition Division: Upheld the opposition Decision of the Board of Appeal: Dismissed the appeal Pleas in law: Infringement of Article 8(1)(b) Council Regulation No 207/2009. ____________