Source: EURLEX
Language: en
Format: md

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| 4.2.2012 | EN | Official Journal of the European Union | C 32/32 |

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Action brought on 30 November 2011 — Woodman Labs V OHIM — 2 Mas 2 Publicidad Integral (HERO)

(Case T-606/11)

2012/C 32/66

Language in which the application was lodged: English

Parties

Applicant: Woodman Labs, Inc. (Sausalito, United States of America) (represented by: M. Graf, lawyer)

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

Other party to the proceedings before the Board of Appeal: 2 Mas 2 Publicidad Integral, SL (Vitoria-Gasteiz, Spain)

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 29 September 2011 in case R 876/2010-4; and |

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| — | Order the costs of the proceedings to be borne by the defendant. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘HERO’, for goods in class 9 — Community trade mark application No 6750376

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 5883533 of the figurative mark in gold and black ‘hero PICTURES’, for goods and services in classes 9 and 41

Decision of the Opposition Division: The Community trade mark application was allowed to proceed for part of the goods in class 9

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly ruled that likelihood of confusion exists between the earlier mark and the Community trade mark application.

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