Source: EURLEX
Language: en
Format: md

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| 28.9.2013 | EN | Official Journal of the European Union | C 284/4 |

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Action brought on 2 August 2013 — KO-Invest v OHIM — Kraft Foods Schweiz (Milkoshake For Active People)

(Case T-399/13)

2013/C 284/05

Language in which the application was lodged: Polish

Parties

Applicant: KO-Invest Sp. z o.o. (Łódź, Poland) (represented by: R. Rumpel, lawyer)

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

Other party to the proceedings before the Board of Appeal: Kraft Foods Schweiz Holding GmbH (Zug, Switzerland)

Form of order sought

The applicant claims that the General Court should:

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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 27 May 2013 (Case R 720/2012-4) in so far as it refuses registration of ‘Milkoshake For Active People’ as a Community trade mark for goods in Classes 5, 29, 30 and 32; |

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| — | amend the contested decision by registering the mark for all of the goods applied for; |

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| — | order OHIM to pay the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark containing the word element ‘Milkoshake For Active People’ for goods in Classes 5, 29, 30 and 32

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: Community trade marks No 31 369 and No 31 344, international registration (IR) No 163 135 and the well-known trade mark ‘MILKA’ for goods in Classes 5, 29, 30 and 32

Decision of the Opposition Division: opposition upheld

Decision of the Board of Appeal: appeal dismissed

Pleas in law: breach of Article 8(1)(b) of Regulation No 207/2009[(1)](#ntr1-C_2013284EN.01000402-E0001)

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