CELEX: 62012TN0193
Language: en
Date: 2012-05-08 00:00:00
Title: Case T-193/12: Action brought on 8 May 2012 — MIP Metro v OHIM — Holsten-Brauerei (H)

30.6.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 194/26
            
         Action brought on 8 May 2012 — MIP Metro v OHIM — Holsten-Brauerei (H)
   (Case T-193/12)
   2012/C 194/44
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Holsten-Brauerei AG (Hamburg, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 February 2012 in Case R 2340/2010-1 on the basis of incompatibility with Article 8(1)(b) of Regulation (EC) No 40/94 on the Community Trade Mark, in so far as it upheld the opposition against the extension of protection of international registration No 984 017;
            
         
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               order the defendant to pay the costs, including the costs of the appeal procedure.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: the international registration which has effect in the European Union of a figurative mark representing an escutcheon with the letter ‘H’ for goods in Class 32 — No 984 017
   
      Proprietor of the mark or sign cited in the opposition proceedings: Holsten-Brauerei AG
   
      Mark or sign cited in opposition: the German figurative mark representing a knight on horseback with a shield bearing the letter ‘H’ for goods in Class 32
   
      Decision of the Opposition Division: the opposition was upheld
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: infringement of Article 8(1)(b) of Regulation No 207/2009