Source: EURLEX
Language: en
Format: md

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| 14.7.2012 | EN | Official Journal of the European Union | C 209/7 |

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Action brought on 30 April 2012 — Roland v OHIM — Textiles Well (wellness inspired by nature)

(Case T-191/12)

2012/C 209/12

Language in which the application was lodged: English

Parties

Applicant: Roland SE (Essen, Germany) (represented by: O. Rauscher and C. Onken, lawyers)

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

Other party to the proceedings before the Board of Appeal: Textiles Well SA (Le Vigan, France)

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 15 February 2012 in case R 2552/2010-1; |

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| — | Reject the Opposition No 1299967; and |

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| — | Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and the other party to the proceedings before the Board of Appeal to bear the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The international figurative mark ‘wellness inspired by nature’, for goods in class 25 — Community trade mark application No W00924808

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 527630 of the word mark ‘WELL’, for goods in class 25; French trade mark registration No 99804486 of the word mark ‘WELLNESS’, for goods in class 25

Decision of the Opposition Division: Upheld the opposition and refused protection to the international registration for all the contested goods

Decision of the Board of Appeal: Dismissed the appeal

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

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