Source: EURLEX
Language: en
Format: md

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| 26.1.2013 | EN | Official Journal of the European Union | C 26/53 |

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Action brought on 5 November 2012 — Nestlé Unternehmungen Deutschland v OHIM — Lotte (LOTTE)

(Case T-483/12)

2013/C 26/107

Language in which the application was lodged: German

Parties

Applicant: Nestlé Unternehmungen Deutschland GmbH (Frankfurt am Main, Germany) (represented by: A. Jaeger-Lenz, lawyer)

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

Other party to the proceedings before the Board of Appeal: Lotte Co. Ltd (Tokyo, Japan)

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 3 September 2012 in case R 2103/2010-4; |

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

Pleas in law and main arguments

Applicant for a Community trade mark: Lotte Co. Ltd

Community trade mark concerned: Figurative mark containing the word element ‘LOTTE’ and an image of a koala on a tree, holding a smaller koala, for goods in Class 30 — Community trade mark application 6 158 463

Proprietor of the mark or sign cited in the opposition proceedings: Nestlé Unternehmungen Deutschland GmbH

Mark or sign cited in opposition: National figurative marks containing the word elements ‘KOALA BÄREN’ and ‘KOALA’ and an image of a koala holding a smaller koala, for goods in Class 30

Decision of the Opposition Division: Opposition allowed

Decision of the Board of Appeal: Appeal granted; decision of the Opposition Division annulled

Pleas in law: Infringement of Article 42(2) and (3) of Regulation No 207/2009, Rule 22(2) of Regulation No 2868/95 and Article 15(1) of Regulation No 207/2009

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