Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 17.11.2012 | EN | Official Journal of the European Union | C 355/33 |

---

Action brought on 14 September 2012 — Ubee Interactive v OHIM — Augere Holdings (Netherlands) (Ubee Interactive)

(Case T-407/12)

2012/C 355/69

Language in which the application was lodged: English

Parties

Applicant: Ubee Interactive Corp. (Jhubei City, Taiwan) (represented by: M. Nentwig, lawyer)

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

Other party to the proceedings before the Board of Appeal: Augere Holdings (Netherlands) BV (Amsterdam, Netherlands)

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 12 July 2012 in case R 1849/2011-2; and |

|  |  |
| --- | --- |
| — | Order the defendant to bear the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘Ubee Interactive’, for goods and services in classes 9 and 38 — Community trade mark application No 7397326

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 mark registration No 7130248 of the word mark ‘QUBEE’, for goods and services in classes 9, 37, 38 and 42; Community trade mark No 7224603 of the figurative mark ‘QUBEE’, for goods and services in classes 9, 37, 38 and 42

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

Decision of the Board of Appeal: Dismissed the appeal

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

---

[Top](#document1)