CELEX: 62012TN0533
Language: en
Date: 2012-12-07 00:00:00
Title: Case T-533/12: Action brought on 7 December 2012 — IBSolution v OHIM — IBS (IBSolution)

16.2.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 46/19
            
         Action brought on 7 December 2012 — IBSolution v OHIM — IBS (IBSolution)
   (Case T-533/12)
   2013/C 46/35
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: IBSolution GmbH (Neckarsulm, Germany) (represented by: F. Ekey, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: IBS AB (Solna, Sweden)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Declare the action to be well founded;
            
         
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 September 2012 in case R 771/2011-2;
            
         
               —
            
            
               Amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 September 2012 in case R 771/2011-2, by granting registration of the trade mark applied for; 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 word mark ‘IBSolution’, for services in classes 35, 41 and 42 — Community trade mark application No 8421877
   
      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 38729 of the figurative mark ‘IBS’, for goods and services in classes 9, 16, 35, 41 and 42
   
      Decision of the Opposition Division: Partially upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 8(1)(b) of Council Regulation No 207/2009.