CELEX: 62012TN0531
Language: en
Date: 2012-12-06 00:00:00
Title: Case T-531/12: Action brought on 6 December 2012 — Tifosi Optics v OHIM — Tom Tailor (T)

16.2.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 46/18
            
         Action brought on 6 December 2012 — Tifosi Optics v OHIM — Tom Tailor (T)
   (Case T-531/12)
   2013/C 46/34
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Tifosi Optics, Inc. (Watkinsville, United States) (represented by: A. Tornato and D. Hazan, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Tom Tailor GmbH (Hamburg, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 September 2012 in case R 729/2011-2, in its entirety; and
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark ‘T’, for goods in classes 9 and 25 — Community trade mark application No 8543183
   
      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: Community trade mark registration No 1368232 of the figurative mark ‘T’, for goods in classes 9, 18 and 25; Community trade mark registration No 2747996 of the figurative mark ‘T’, for goods in classes 3, 6, 9, 14, 18, 21, 24, 25 and 28
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Annulled the contested decision and rejected the Community trade mark application
   
      Pleas in law: Infringement of Articles 8(1)(b) of Council Regulation No 207/2009.