Action brought on 9 May 2012 - Metropolis Inmobiliarias y Restauraciones v OHIM - MIP Metro (METRO)
(Case T-197/12)
Language in which the application was lodged: English
Parties
Applicant: Metropolis Inmobiliarias y Restauraciones, SL (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany)
Form of order sought
Modify the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 March 2012 in case R 2440/2010-1;
Subsidiary and only in the case the former claim would be rejected, annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 March 2012 in case R 2440/2010-1;
Order the defendant and the other party to the proceedings before the Board of Appeal to pay the costs.
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 figurative mark, in colours "METRO", for amongst others services in class 36 - Community trade mark application No 7585045
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Community trade mark registration No 7111974 of the figurative mark in colours "GRUPOMETROPOLIS", for services in class 36
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms; Infringement of Articles 75 and 76 of Council Regulation No 207/2009; and Infringement of Article 8(1)(b) of Council Regulation No 207/2009
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