CELEX: 62012TN0480
Language: en
Date: 2012-11-05 00:00:00
Title: Case T-480/12: Action brought on 5 November 2012 — Coca-Cola v OHIM — Mitico (Master)

26.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 26/52
            
         Action brought on 5 November 2012 — Coca-Cola v OHIM — Mitico (Master)
   (Case T-480/12)
   2013/C 26/105
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: The Coca-Cola Company (Atlanta, United States) (represented by: S. Malynicz, Barrister, D. Stone and L. Ritchie, Solicitors)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Modern Industrial & Trading Investment Co. Ltd (Mitico) (Damascus, Syria)
   
      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 29 August 2012 in case R 2156/2011-2; and
            
         
               —
            
            
               Order the defendant and the other party to the proceedings before the Board of Appeal to bear their own costs and pay those of the applicant.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The figurative mark ‘Master’, for goods in classes 29, 30 and 32 — Community trade mark application No 9091612
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Community trade mark registration No 8792475 of the figurative mark ‘Coca-Cola’; Community trade mark registration No 3021086 of the figurative mark ‘Coca-Cola’; Community trade mark registration No 2117828 of the figurative mark ‘Coca-Cola’; Community trade mark registration No 2107118 of the figurative mark ‘Coca-Cola’; United Kingdom trade mark registration No 2428468 of the figurative mark ‘C’
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009