Source: EURLEX
Language: en
Format: md

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| 17.11.2012 | EN | Official Journal of the European Union | C 355/34 |

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Action brought on 6 September 2012 — Vitaminaqua Ltd v OHIM

(Case T -410/12)

2012/C 355/71

Language in which the application was lodged: Hungarian

Parties

Applicant: Vitaminaqua Ltd (London, United Kingdom) (represented by: A. Krajnyák, lawyer)

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

Other party to the proceedings before the Board of Appeal: Energy Brands, Inc. (New York, United States of America)

Form of order sought

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| — | Amend the decision of the First Board of Appeal of OHIM rejecting application No 8338592 for registration of the figurative mark ‘vitaminaqua’ (Case R 997/2011-1) and order the registration of the trade mark in accordance with the decision of the Opposition Division of OHIM, thereby conferring protection as a trade mark on the sign; |

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| — | Order the defendant or the other party to bear the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: Vitaminaqua Ltd.

Community trade mark concerned: the figurative mark ‘vitaminaqua’ for goods in Classes 5, 30 and 32 (application for registration No 8 338 592).

Proprietor of the mark or sign cited in the opposition proceedings: Energy Brands, Inc.

Mark or sign cited in opposition: inter alia the national word mark ‘VITAMINWATER’ for goods in Classes 5, 30 and 32.

Decision of the Opposition Division: opposition rejected.

Decision of the Board of Appeal: decision of the Opposition Division set aside and application for registration as a Community trade mark rejected.

Pleas in law: infringement of Article 8(1)(b) of Regulation No 207/2009,[(1)](#ntr1-C_2012355EN.01003401-E0001) since there is no likelihood of confusion between the marks at issue.

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