Source: EURLEX
Language: en
Format: md

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| 10.11.2012 | EN | Official Journal of the European Union | C 343/16 |

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Action brought on 20 August 2012 — Brouwerij Van Honsebrouck v OHIM — Beverage Trademark (KASTEEL)

(Case T-375/12)

2012/C 343/28

Language in which the application was lodged: French

Parties

Applicant: Brouwerij Van Honsebrouck (Ingelmunster, Belgium) (represented by: P. Maeyaert, lawyer)

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

Other party to the proceedings before the Board of Appeal: Beverage Trademark Co. Ltd BTM (Tortola, British Virgin Islands)

Form of order sought

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| — | annul in its entirety the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 June 2012 in Case R 652/2011-2; |

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| — | order OHIM and Beverage Trademark Co. Ltd BTM to pay the costs of the proceedings. |

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The international word mark ‘KASTEEL’ for goods in Class 32 — International registration No W 975 634

Proprietor of the mark or sign cited in the opposition proceedings: Beverage Trademark Co. Ltd BTM

Mark or sign cited in opposition: National trade mark ‘CASTEL BEER’ for goods in Class 32

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

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| — | Breach of Article 76(1) of Regulation No 207/2009; |

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| — | Breach of Article 42 of Regulation No 207/2009; |

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| — | Breach of Article 8(1)(b) of Regulation No 207/2009. |

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