do-me/EUR-LEX huggingface dataset:
Case T-374/12: Action brought on 20 August 2012 — Brouwerij Van Honsebrouck v OHIM — Beverage Trademark (KASTEEL)
Date: 2012-08-20
Institutions: General Court
Subjects: EU trade mark, alcoholic beverage, registered trade mark, trade-mark law








C_2012343EN.01001602.xml










10.11.2012   


EN


Official Journal of the European Union


C 343/16





Action brought on 20 August 2012 — Brouwerij Van Honsebrouck v OHIM — Beverage Trademark (KASTEEL)
(Case T-374/12)
2012/C 343/27
Language in which the application was lodged: French

Parties


Applicant: Brouwerij Van Honsebrouck (Ingelmunster, Belgium) (represented by: P. Maeyaert, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Beverage Trademark Co. Ltd BTM (Tortola, British Virgin Islands)

Form of order sought







—


annul in its entirety the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 June 2012 in Case R 2551/2010-2;










—


order OHIM and Beverage Trademark Co. Ltd BTM to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The international figurative mark incorporating the word element ‘KASTEEL’ for goods in Class 32 — International registration No W 975 635

Proprietor of the mark or sign cited in the opposition proceedings: Beverage Trademark Co. Ltd BTM

Mark or sign cited in opposition: National mark ‘CASTEL BEER’ for goods in Class 32

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:







—


Breach of Article 76(1) of Regulation No 207/2009;










—


Breach of Article 42 of Regulation No 207/2009;










—


Breach of Article 8(1)(b) of Regulation No 207/2009.
Case T-371/12: Action brought on 20 August 2012 — American Express Marketing & Development v OHIM (EUROPEAN IP ZONE)
Date: 2012-08-20
Institutions: General Court
Subjects: EU trade mark, registered trade mark, theory of marketing, trade-mark law








C_2012319EN.01001401.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/14





Action brought on 20 August 2012 — American Express Marketing & Development v OHIM (EUROPEAN IP ZONE)
(Case T-371/12)
2012/C 319/26
Language of the case: English

Parties


Applicant: American Express Marketing & Development Corp. (New York, United States) (represented by: V. Spitz, A. Gaul, T. Golda, and S. Kirschstein-Freund, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2012 in case R 1453/2011-2;










—


In the alternative, amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2012 in case R 1453/2011-2, and rule that the appeal is justified; and










—


Order the defendant to pay the costs of the appeal proceedings and of the proceedings before the Court.





Pleas in law and main arguments


Community trade mark concerned: The word mark ‘EUROPEAN IP ZONE’ for services in class 42 — Community trade mark application No 9488041

Decision of the Examiner: Rejected the CTM application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009.
Case T-369/12: Action brought on 20 August 2012 — American Express Marketing & Development v OHIM (EUROPE IP ZONE)
Date: 2012-08-20
Institutions: General Court
Subjects: EU trade mark, registered trade mark, theory of marketing, trade-mark law








C_2012319EN.01001301.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/13





Action brought on 20 August 2012 — American Express Marketing & Development v OHIM (EUROPE IP ZONE)
(Case T-369/12)
2012/C 319/24
Language of the case: English

Parties


Applicant: American Express Marketing & Development Corp. (New York, United States) (represented by: V. Spitz, A. Gaul, T. Golda, and S. Kirschstein-Freund, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2012 in case R 1451/2011-2;










—


In the alternative, amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2012 in case R 1451/2011-2, and rule that the appeal is justified; and










—


Order the defendant to pay the costs of the appeal proceedings and of the proceedings before the Court.





Pleas in law and main arguments


Community trade mark concerned: The word mark ‘EUROPE IP ZONE’ for services in class 42 — Community trade mark application No 9488032

Decision of the Examiner: Rejected the CTM application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009.
Case T-375/12: Action brought on 20 August 2012 — Brouwerij Van Honsebrouck v OHIM — Beverage Trademark (KASTEEL)
Date: 2012-08-20
Institutions: General Court
Subjects: EU trade mark, alcoholic beverage, registered trade mark, trade-mark law








C_2012343EN.01001603.xml










10.11.2012   


EN


Official Journal of the European Union


C 343/16





Action brought on 20 August 2012 — Brouwerij Van Honsebrouck v OHIM — Beverage Trademark (KASTEEL)
(Case T-375/12)
2012/C 343/28
Language in which the application was lodged: French

Parties


Applicant: Brouwerij Van Honsebrouck (Ingelmunster, Belgium) (represented by: P. Maeyaert, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Beverage Trademark Co. Ltd BTM (Tortola, British Virgin Islands)

Form of order sought







—


annul in its entirety the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 June 2012 in Case R 652/2011-2;










—


order OHIM and Beverage Trademark Co. Ltd BTM to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The international word mark ‘KASTEEL’ for goods in Class 32 — International registration No W 975 634

Proprietor of the mark or sign cited in the opposition proceedings: Beverage Trademark Co. Ltd BTM

Mark or sign cited in opposition: National trade mark ‘CASTEL BEER’ for goods in Class 32

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:







—


Breach of Article 76(1) of Regulation No 207/2009;










—


Breach of Article 42 of Regulation No 207/2009;










—


Breach of Article 8(1)(b) of Regulation No 207/2009.
Case T-373/12: Action brought on 20 August 2012 — REWE-Zentral v OHIM — Planet GDZ (PRO PLANET)
Date: 2012-08-20
Institutions: General Court
Subjects: EU trade mark, metal furniture, registered trade mark, trade-mark law








C_2012319EN.01001402.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/14





Action brought on 20 August 2012 — REWE-Zentral v OHIM — Planet GDZ (PRO PLANET)
(Case T-373/12)
2012/C 319/27
Language in which the application was lodged: German

Parties


Applicant: REWE-Zentral AG (Cologne, Germany) (represented by: M. Kinkeldey and A. Bognár, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Planet GDZ AG (Tagelswangen, Switzerland)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 June 2012 in Case R 1350/2011-1;










—


order the defendant 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 including the word element ‘PRO PLANET’ for goods in Classes 6, 17 and 19

Proprietor of the mark or sign cited in the opposition proceedings: Planet GDZ AG

Mark or sign cited in opposition: the international registration of the word mark ‘PLANET’ for goods in Classes 6 and 19

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009
Case T-370/12: Action brought on 20 August 2012 — American Express Marketing & Development v OHIM (IP ZONE EUROPE)
Date: 2012-08-20
Institutions: General Court
Subjects: EU trade mark, registered trade mark, theory of marketing, trade-mark law








C_2012319EN.01001302.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/13





Action brought on 20 August 2012 — American Express Marketing & Development v OHIM (IP ZONE EUROPE)
(Case T-370/12)
2012/C 319/25
Language of the case: English

Parties


Applicant: American Express Marketing & Development Corp. (New York, United States) (represented by: V. Spitz, A. Gaul, T. Golda, and S. Kirschstein-Freund, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2012 in case R 1452/2011-2;










—


In the alternative, amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2012 in case R 1452/2011-2, and rule that the appeal is justified; and










—


Order the defendant to pay the costs of the appeal proceedings and of the proceedings before the Court.





Pleas in law and main arguments


Community trade mark concerned: The word mark ‘IP ZONE EUROPE’ for services in class 42 — Community trade mark application No 9488057

Decision of the Examiner: Rejected the CTM application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009.
Case F-88/12: Action brought on 20 August 2012 — ZZ v Commission
Date: 2012-08-20
Institutions: Civil Service Tribunal
Subjects: European civil service, transfer of pension rights








C_2012319EN.01001902.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/19





Action brought on 20 August 2012 — ZZ v Commission
(Case F-88/12)
2012/C 319/37
Language of the case: French

Parties


Applicant: ZZ (represented by D. Abreu Caldas, A. Coolen, J.-N. Louis, E. Marchal and S. Orlandi, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision to calculate accredited pension rights acquired before entry into service on the basis of the new General Implementing Provisions

Form of order sought







—


Annul the decision of 16 January 2012 concerning the calculation of accredited pension rights acquired by the applicant before his entry into service with the Commission;










—


in so far as necessary, annul the decision rejecting his complaint of 15 June 2012 requesting application of the General Implementing Provisions and the actuarial rates in force at the time of his request to transfer his pension rights;










—


order the Commission to pay the costs.
Case T-372/12: Action brought on 20 August 2012 — El Corte Inglés v OHIM — Apro Tech (APRO)
Date: 2012-08-20
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, two-wheeled vehicle








C_2012331EN.01002602.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/26






Action brought on 20 August 2012 — El Corte Inglés v OHIM — Apro Tech (APRO)
(Case T-372/12)
(2012/C 331/50)
Language in which the application was lodged: Spanish

Parties


Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela, J. Rivas Zurdo and I. Munilla Muñoz, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Apro Tech Co., Ltd (Taichung Hsien, Taiwan)

Form of order sought

The applicant claims that the General Court should:






—


annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 May 2012 in Case R 196/2011-2, declaring that, pursuant to Article 8(1)(b) of Regulation No 207/2009, the opponent’s action before OHIM should have been upheld and the decision of the Opposition Division granting Community trade mark No 8 253 551‘APRO’ (mixed) in full should have been annulled;










—


order the defendant and the other party opposing this action to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Apro Tech Co., Ltd

Community trade mark concerned: Figurative mark ‘APRO’ for goods in Class 12 — Community trade mark application No 8 253 551

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Mark or sign cited in opposition: national and Community figurative mark ‘B-PRO by Boomerang’ and Community word marks ‘PRO MOUNTAIN’ and ‘PRO OUTDOOR’ for goods in Class 12

Decision of the Opposition Division: opposition rejected

Decision of the Board of Appeal: appeal dismissed

Pleas in law: infringement of Article 8(1)(b) of Regulation No 207/2009