Source: EURLEX
Language: en
Format: md

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| 20.10.2012 | EN | Official Journal of the European Union | C 319/11 |

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Action brought on 6 August 2012 — Premiere Polish v OHIM — Donau Kanol (ECOFORCE)

(Case T-361/12)

2012/C 319/21

Language in which the application was lodged: English

Parties

Applicant: Premiere Polish Co., Ltd (Cheltenham, United Kingdom) (represented by: C. Jones and M. Carter, Solicitors)

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

Other party to the proceedings before the Board of Appeal: Donau Kanol GmbH & Co KG (Ried im Traunkreis, Austria)

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 8 June 2012 in case R 851/2011-4; |

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| — | Allow the applicant’s Community trade mark application No 8777005 in its entirety or in the alternative, the proceedings be remitted to the Board of Appeal; and |

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| — | Order the Office to pay the applicant’s costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘ECOFORCE’ for goods in class 3 — Community trade mark application No 8777005

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 7243173 of the figurative mark ‘ECO FORTE’ for goods in classes 1, 3 and 5

Decision of the Opposition Division: Upheld the opposition

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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