Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 8.12.2012 | EN | Official Journal of the European Union | C 379/24 |

---

Action brought on 24 September 2012 — Bacardi v OHIM — Granette & Starorežná Distilleries (42 BELOW)

(Case T-435/12)

2012/C 379/42

Language in which the application was lodged: English

Parties

Applicant: Bacardi Co. Ltd (Vaduz, Liechtenstein) (represented by: M. Reinisch, lawyer)

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

Other party to the proceedings before the Board of Appeal: Granette & Starorežná Distilleries a.s. (Ústí nad Labem, Czech Republic)

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 9 July 2012 in case R 2100/2011-2; |

|  |  |
| --- | --- |
| — | Reject the opposition against the registration of the word-device mark ‘42 BELOW’ No 8391856 for goods in class 33; |

|  |  |
| --- | --- |
| — | Transmit the judgment of the General Court of the European Union to OHIM; and |

|  |  |
| --- | --- |
| — | Order OHIM and the other party to the proceedings before the Board of Appeal to pay all costs and expenses. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘42 BELOW’, for goods in class 33 — Community trade mark application No 8391856

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Czech trade mark registration No 263350 for the figurative mark ‘VODKA 42’, for among others goods and services in class 33; Unregistered trade mark ‘VODKA 42’ used in Czech Republic and Slovakia

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Upheld the appeal and refused the CTM application for all the goods

Pleas in law:

|  |  |
| --- | --- |
| — | Infringement of Rule 50(2)(g) of Commission Regulation No 2868/95; and |

|  |  |
| --- | --- |
| — | Infringement of Article 8(4) of Council Regulation No 207/2009. |

---

[Top](#document1)