Source: EURLEX
Language: en
Format: md

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| 21.7.2012 | EN | Official Journal of the European Union | C 217/28 |

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Action brought on 29 May 2012 — International Brands Germany v OHIM — Stuffer (ALOHA 100 % NATURAL)

(Case T-243/12)

2012/C 217/58

Language in which the application was lodged: German

Parties

Applicant: International Brands Germany GmbH & Co. KG (Paderborn, Germany) (represented by: B. Hein and M. Hoffmann, lawyers)

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

Other party to the proceedings before the Board of Appeal: Stuffer SpA (Bolzano, Italy)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 March 2012 in case R 1058/2011-1 and reject the opposition; |

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| — | Order the defendant to pay the costs of the proceedings, including those incurred during the appeal procedure. |

Pleas in law and main arguments

Applicant for a Community trade mark: International Brands Germany GmbH & Co. KG

Community trade mark concerned: Figurative mark ‘ALOHA 100 % NATURAL’ for goods in Class 32 — application No 7 050 701

Proprietor of the mark or sign cited in the opposition proceedings: Stuffer SpA

Mark or sign cited in opposition: National word mark ‘ALOA’ for goods in Class 32

Decision of the Opposition Division: Opposition allowed

Decision of the Board of Appeal: Appeal dismissed

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

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