Source: EURLEX
Language: en
Format: md

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| 30.6.2012 | EN | Official Journal of the European Union | C 194/23 |

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Action brought on 10 April 2012 — Beyond Retro v OHIM — S&K Garments (BEYOND VINTAGE)

(Case T-170/12)

2012/C 194/39

Language in which the application was lodged: English

Parties

Applicant: Beyond Retro Ltd (London, United Kingdom) (represented by: S. Malynicz, Barrister)

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

Other party to the proceedings before the Board of Appeal: S&K Garments, Inc. (New York, United States)

Form of order sought

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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 31 January 2012 joined cases R 493/2011-4 and R 548/2011-4; and |

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| — | Order the Office 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: International Registration of the word mark ‘BEYOND VINTAGE’, for goods and services in classes 14, 18 and 25 — Community trade mark application No W 994046

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

Mark or sign cited in opposition: Community trade mark registration No 5629035 of the word mark ‘BEYOND RETRO’, for goods and services in classes 25 AND 35

Decision of the Opposition Division: Upheld the opposition in part

Decision of the Board of Appeal: Dismissed the applicant’s appeal in case R 548/2011-4 and annulled the decision of the opposition division in case R 493/2011-4

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.

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