Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 22.9.2012 | EN | Official Journal of the European Union | C 287/39 |

---

Action brought on 1 August 2012 — Leiner v OHIM — Recaro (REVARO)

(Case T-349/12)

2012/C 287/70

Language in which the application was lodged: German

Parties

Applicant: Rudolf Leiner GmbH (Sankt Pölten, Austria) (represented by: W. Emberger, I. Rudnay and L. Emberger, lawyers)

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

Other party to the proceedings before the Board of Appeal: Recaro Beteiligungs-GmbH (Kaiserslautern, Germany)

Form of order sought

|  |  |
| --- | --- |
| — | Alter the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 May 2012 in Case R 482/2011-1 so as to allow the appeal or, alternatively, annul the decision; |

|  |  |
| --- | --- |
| — | order the defendant and the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: Rudolf Leiner GmbH

Community trade mark concerned: Figurative mark containing the word element ‘REVARO’, for goods in Classes 11, 20 and 24

Proprietor of the mark or sign cited in the opposition proceedings: Recaro Beteiligungs-GmbH

Mark or sign cited in opposition: International registration ‘RECARO’ for goods in Classes 10, 12, 14, 20, 25 and 28

Decision of the Opposition Division: Opposition allowed

Decision of the Board of Appeal: Appeal dismissed

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

---

[Top](#document1)