Source: EURLEX
Language: en
Format: md

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| 17.11.2012 | EN | Official Journal of the European Union | C 355/28 |

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Action brought on 21 August 2012 — Electric Bike World v OHIM — Brunswick (LIFECYCLE)

(Case T-379/12)

2012/C 355/61

Language in which the application was lodged: English

Parties

Applicant: Electric Bike World Ltd (Southampton, 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: Brunswick Corp. (Lake Forest, United States)

Form of order sought

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| — | Annul 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 2308/2011-1; and |

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| — | Order the Office and the other party 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 ‘LIFECYCLE’ for goods in classes 12, 18 and 25 — Community trade mark application No 8546401

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: Spanish trade mark registration No 1271758 of the word mark ‘LIFECYCLE’, for goods in class 28

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

Decision of the Board of Appeal: Annulled the contested decision to the extent that it rejected the opposition for goods in class 12; rejected the CTM application for these goods; and dismissed the appeal for the remaining goods in class 12

Pleas in law: Infringement of Articles 8(1)(b) and 75 of Council Regulation No 207/2009.

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