Source: EURLEX
Language: en
Format: md

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| 21.7.2012 | EN | Official Journal of the European Union | C 217/26 |

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Action brought on 25 May 2012 — Sunrider v OHIM — Nannerl (SUN FRESH)

(Case T-221/12)

2012/C 217/56

Language in which the application was lodged: English

Parties

Applicant: The Sunrider Corp. (United States) (represented by: N. Dontas and E. Markakis, lawyers)

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

Other party to the proceedings before the Board of Appeal: Nannerl GmbH & Co. KG (Anthering bei Salzburg, Austria)

Form of order sought

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| — | Declare the present action admissible; |

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 March 2012 in case R 2401/2010-4; |

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| — | Order OHIM to pay the costs incurred by the applicant in the course of the present proceedings before the General Court; and |

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| — | Order OHIM to pay the costs necessarily incurred by the applicant in the course of the underlying proceedings before the Fourth Board of Appeal. |

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 word mark ‘SUN FRESH’, for goods in class 32 — Community trade mark application No 6171433

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

Mark or sign cited in opposition: Community trade mark registration No 605014 of the word mark ‘SUNNY FRESH’, for goods in class 5; UK trade mark registration No 2016689 for the figurative mark in black and white ‘SUNRIDER SUNNY FRESH’, for goods in class 32; Irish trade mark registration No 169766 for the figurative mark in black and white ‘SUNRIDER SUNNY FRESH’, for goods in class 32; Hungarian trade mark registration No 144500 for the word mark ‘SUNNYFRESH’, for goods in class 5; Benelux trade mark registration No 574389 for the figurative mark in black and white ‘SUNRIDER SUNNY FRESH’, for goods in classes 5, 29 and 32

Decision of the Opposition Division: Upheld the opposition and rejected the CTM application

Decision of the Board of Appeal: Annulled the contested decision and rejected the opposition

Pleas in law:

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| — | Infringement of Article 42(2) and (3) of Council Regulation No 207/2009 |

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| — | Infringement of Article 75 second sentence and Article 76(1) second sentence of Council Regulation No 207/2009 |

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| — | Infringement of Article 8(1)(b) of Council Regulation No 207/2009. |

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