Source: EURLEX
Language: en
Format: md

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| 2.6.2012 | EN | Official Journal of the European Union | C 157/10 |

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Action brought on 26 March 2012 — Geipel v OHIM — Reeh (BEST BODY NUTRITION)

(Case T-138/12)

2012/C 157/18

Language in which the application was lodged: German

Parties

Applicant: Yves Geipel (Auerbach, Germany) (represented by: J. Sachs, lawyer)

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

Other party to the proceedings before the Board of Appeal: Jörg Reeh (Buxtehude, Germany)

Form of order sought

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| — | Annul the contested decision of the First Board of Appeal of OHIM of 12 January 2012 and reject the opposition of 24 July 2009; |

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| — | Order OHIM to pay the costs of the proceedings, including the costs incurred in the appeal proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: Yves Geipel

Community trade mark concerned: Figurative mark ‘BEST BODY NUTRITION’ (international registration No W 982 101, naming the European Union) for goods in classes 25, 28, 29, 30 and 32.

Proprietor of the mark or sign cited in the opposition proceedings: Jörg Reeh.

Mark or sign cited in opposition: Community trade mark No 4 020 161‘BEST4BODY’ for goods in class 25.

Decision of the Opposition Division: Opposition allowed.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: There is no likelihood of confusion between the marks at issue.

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