Source: EURLEX
Language: en
Format: md

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| 18.2.2012 | EN | Official Journal of the European Union | C 49/32 |

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Action brought on 28 December 2011 — Müller v OHIM — Loncar (Sunless)

(Case T-662/11)

2012/C 49/58

Language in which the application was lodged: German

Parties

Applicant: Thomas Müller (Gütersloh, Germany) (represented by: J. Schmidt, lawyer)

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

Other party to the proceedings before the Board of Appeal: Loncar, SL (Sabadell (Barcelona), Spain)

Form of order sought

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 September 2011 in Case R 2508/2010-2; |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: Thomas Müller

Community trade mark concerned: Figurative mark containing the word element ‘Sunless’, for goods in Classes 6, 19, 22 and 24.

Proprietor of the mark or sign cited in the opposition proceedings: Loncar, SL

Mark or sign cited in opposition: Word marks ‘SUNLESS’ and ‘LONCAR-SUNLESS’ for goods in Classes 22, 23 and 24 and ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.

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 No 207/2009 as there is no likelihood of confusion between the marks at issue.

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