Source: EURLEX
Language: en
Format: md

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| 8.12.2012 | EN | Official Journal of the European Union | C 379/31 |

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Action brought on 22 October 2012 — Popp and Zech v OHIM — Müller-Boré & Partner (MB)

(Case T-463/12)

2012/C 379/52

Language in which the application was lodged: German

Parties

Applicants: Eugen Popp (Munich, Germany) and Stefan M. Zech (Munich) (represented by: C. Rohnke and M. Jacob, lawyers)

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

Other party to the proceedings before the Board of Appeal: Müller-Boré & Partner (Munich, Germany)

Form of order sought

The applicants claim that the Court should:

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 July 2012 in Case R 506/2011-1; |

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| — | Order the defendant to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘MB’ for services in Class 42 — Community trade mark application No 7 369 771

Proprietor of the mark or sign cited in the opposition proceedings: Müller-Boré & Partner

Mark or sign cited in opposition: the word mark MBP and the national and Community trade mark, including the word element ‘MB&P’, for services in Classes 35 and 42

Decision of the Opposition Division: rejection of the opposition

Decision of the Board of Appeal: the appeal was upheld and the application was rejected

Pleas in law:

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| — | Infringement of Article 42(2) and Article 15(1) of Regulation No 207/2009 |

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| — | Infringement of Article 8(1)(b) of Regulation No 207/2009 |

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