Source: EURLEX
Language: en
Format: md

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| 26.1.2013 | EN | Official Journal of the European Union | C 26/52 |

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Action brought on 5 November 2012 — Coca-Cola v OHIM — Mitico (Master)

(Case T-480/12)

2013/C 26/105

Language in which the application was lodged: English

Parties

Applicant: The Coca-Cola Company (Atlanta, United States) (represented by: S. Malynicz, Barrister, D. Stone and L. Ritchie, Solicitors)

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

Other party to the proceedings before the Board of Appeal: Modern Industrial & Trading Investment Co. Ltd (Mitico) (Damascus, Syria)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 August 2012 in case R 2156/2011-2; and |

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| — | Order the defendant and the other party to the proceedings before the Board of Appeal to bear their own costs and pay those of the applicant. |

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 ‘Master’, for goods in classes 29, 30 and 32 — Community trade mark application No 9091612

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

Mark or sign cited in opposition: Community trade mark registration No 8792475 of the figurative mark ‘Coca-Cola’; Community trade mark registration No 3021086 of the figurative mark ‘Coca-Cola’; Community trade mark registration No 2117828 of the figurative mark ‘Coca-Cola’; Community trade mark registration No 2107118 of the figurative mark ‘Coca-Cola’; United Kingdom trade mark registration No 2428468 of the figurative mark ‘C’

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009

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