Source: EURLEX
Language: en
Format: md

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| 23.3.2013 | EN | Official Journal of the European Union | C 86/25 |

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Action brought on 30 January 2013 — Out of the Blue KG v OHIM — Mombauer (REFLEXX)

(Case T-48/13)

2013/C 86/42

Language of the case: German

Parties

Applicant: Out of the blue KG (Lilienthal, Germany) (represented by: G. Hasselblatt and I. George, lawyers)

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

Other party to the proceedings before the Board of Appeal: Meinhard Mombauer (Cologne, Germany)

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 19 November 2012 in Case R 1656/2011-4; |

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| — | Order OHIM to bear its own costs and those of the applicant; |

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| — | Were Meinhard Mombauer to participate as intervener in the proceedings, order him to bear his own costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: Out of the blue KG

Community trade mark concerned: Word mark ‘REFLEXX’ for goods in Class 9 — Application for Community trade mark No 7 239 511

Proprietor of the mark or sign cited in the opposition proceedings: Meinhard Mombauer

Mark or sign cited in opposition: Figurative mark, containing the word element ‘RELFECTS’, for goods in Class 9

Decision of the Opposition Division: The opposition was upheld

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in Law: Infringement of Article 42(5) in conjunction with Article 8(1)(b) of Regulation No 207/2009

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