Source: EURLEX
Language: en
Format: md

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| 14.7.2012 | EN | Official Journal of the European Union | C 209/8 |

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Action brought on 30 April 2012 — Advance Magazine Publishers v OHIM — Bauer Consumer Media (GOLF WORLD)

(Case T-194/12)

2012/C 209/13

Language in which the application was lodged: English

Parties

Applicant: Advance Magazine Publishers, Inc. (New York, United States) (represented by: R. Hacon, Barrister)

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

Other party to the proceedings before the Board of Appeal: Bauer Consumer Media Ltd (Peterborough, United Kingdom)

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 9 February 2012 in case R 239/2011-1; |

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| — | Refuse the application in suit for all goods and services for which it was published for opposition; |

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| — | Alternatively, the evidence of use be deemed sufficient and the opposition be remitted to the Opposition Division to determine the issue of the conflict between the marks in question; and |

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| — | Award to the opponent its costs in the opposition proceedings, the proceedings before the Board of Appeal and in this appeal and that the appeal fees be refunded. |

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 ‘GOLF WORLD’, for goods and services in classes 9, 16, 35, 38 and 41 — Community trade mark application No 7070147

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

Mark or sign cited in opposition: Benelux trade mark registration No 465586 of the word mark ‘GOLF WORLD’, for goods in class 16; Danish trade mark registration No 541/1991 of the word mark ‘GOLF WORLD’, for goods in class 16; French trade mark registration No 1551025 of the word mark ‘GOLF WORLD’, for goods in class 16; Greek trade mark registration No 96430 of the word mark ‘GOLF WORLD’, for goods in class 16; Italian trade mark registration No 575282 of the word mark ‘GOLF WORLD’, for goods in class 16; Spanish trade mark registration No 1308477 of the word mark ‘GOLF WORLD’, for goods in class 16; Swedish trade mark registration No 229611 of the word mark ‘GOLF WORLD’, for goods in class 16; Portuguese trade mark registration No 259281 of the word mark ‘GOLF WORLD’, for goods in class 16; Irish trade mark registration No 113474 of the word mark ‘GOLF WORLD’, for goods in class 16

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 42 of Council Regulation No 207/2009.

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