CELEX: 62012TN0410
Language: en
Date: 2012-09-06 00:00:00
Title: Case T -410/12: Action brought on 6 September 2012 — Vitaminaqua Ltd v OHIM

17.11.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 355/34
            
         Action brought on 6 September 2012 — Vitaminaqua Ltd v OHIM
   (Case T -410/12)
   2012/C 355/71
   Language in which the application was lodged: Hungarian
   
      Parties
   
   
      Applicant: Vitaminaqua Ltd (London, United Kingdom) (represented by: A. Krajnyák, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   
      Other party to the proceedings before the Board of Appeal: Energy Brands, Inc. (New York, United States of America)
   
      Form of order sought
   
   
               —
            
            
               Amend the decision of the First Board of Appeal of OHIM rejecting application No 8338592 for registration of the figurative mark ‘vitaminaqua’ (Case R 997/2011-1) and order the registration of the trade mark in accordance with the decision of the Opposition Division of OHIM, thereby conferring protection as a trade mark on the sign;
            
         
               —
            
            
               Order the defendant or the other party to bear the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Vitaminaqua Ltd.
   
      Community trade mark concerned: the figurative mark ‘vitaminaqua’ for goods in Classes 5, 30 and 32 (application for registration No 8 338 592).
   
      Proprietor of the mark or sign cited in the opposition proceedings: Energy Brands, Inc.
   
      Mark or sign cited in opposition: inter alia the national word mark ‘VITAMINWATER’ for goods in Classes 5, 30 and 32.
   
      Decision of the Opposition Division: opposition rejected.
   
      Decision of the Board of Appeal: decision of the Opposition Division set aside and application for registration as a Community trade mark rejected.
   
      Pleas in law: infringement of Article 8(1)(b) of Regulation No 207/2009, (1) since there is no likelihood of confusion between the marks at issue.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).