CELEX: 62013TN0399
Language: en
Date: 2013-08-02 00:00:00
Title: Case T-399/13: Action brought on 2 August 2013 — KO-Invest v OHIM — Kraft Foods Schweiz (Milkoshake For Active People)

28.9.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 284/4
            
         Action brought on 2 August 2013 — KO-Invest v OHIM — Kraft Foods Schweiz (Milkoshake For Active People)
   (Case T-399/13)
   2013/C 284/05
   Language in which the application was lodged: Polish
   
      Parties
   
   
      Applicant: KO-Invest Sp. z o.o. (Łódź, Poland) (represented by: R. Rumpel, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Kraft Foods Schweiz Holding GmbH (Zug, Switzerland)
   
      Form of order sought
   
   The applicant claims that the General Court should:
   
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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 27 May 2013 (Case R 720/2012-4) in so far as it refuses registration of ‘Milkoshake For Active People’ as a Community trade mark for goods in Classes 5, 29, 30 and 32;
            
         
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               amend the contested decision by registering the mark for all of the goods applied for;
            
         
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               order OHIM to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: the figurative mark containing the word element ‘Milkoshake For Active People’ for goods in Classes 5, 29, 30 and 32
   
      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 marks No 31 369 and No 31 344, international registration (IR) No 163 135 and the well-known trade mark ‘MILKA’ for goods in Classes 5, 29, 30 and 32
   
      Decision of the Opposition Division: opposition upheld
   
      Decision of the Board of Appeal: appeal dismissed
   
      Pleas in law: breach of Article 8(1)(b) of Regulation No 207/2009 (1)
   
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ L 78 of 24.3.2009, p. 1).