Source: EURLEX
Language: en
Format: md

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| 11.8.2012 | EN | Official Journal of the European Union | C 243/25 |

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Action brought on 4 June 2012 — Cat Media Pty v OHIM — Avon Products (RETANEW)

(Case T-246/12)

2012/C 243/44

Language in which the application was lodged: English

Parties

Applicant: Cat Media Pty Ltd (Warriewood, Australia) (represented by: I. De Freitas, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Avon Products, Inc. (New York, United States)

Form of order sought

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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 21 March 2012 in case R 740/2011-1; |

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| — | Order the defendant and the other party to the proceedings before the Board of Appeal to pay the appellant’s costs in relation to these proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘RETANEW’, for goods in class 3 — Community trade mark application No W00884450

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 3531051 of the word mark ‘ANEW’ for goods in classes 3 and 5

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

Decision of the Board of Appeal: Annulled the contested decision and refused the application in its entirety

Pleas in law:

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

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