Source: EURLEX
Language: en
Format: md

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| 29.9.2012 | EN | Official Journal of the European Union | C 295/27 |

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Action brought on 19 July 2012 — Hut.com v OHIM — Intersport France (THE HUT)

(Case T-330/12)

2012/C 295/48

Language in which the application was lodged: English

Parties

Applicant: The Hut.com Ltd (Northwich, United Kingdom) (represented by: S. Malynicz, Barrister)

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

Other party to the proceedings before the Board of Appeal: Intersport France (Longjumeau, France)

Form of order sought

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 April 2012 in case R 814/2011-2; and |

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| — | Order the defendant and the other party before the Board of Appeal to bear their own costs and pay those of the applicant. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘THE HUT’, for inter alias services in class 35 — Community trade mark application No 8394091

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: French trade mark registration No 33228708 of the word mark ‘LA HUTTE’, for goods in classes 3, 5, 18, 22, 25 and 28

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

Decision of the Board of Appeal: Partially annulled the contested decision

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

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