CELEX: 62012TN0141
Language: en
Date: 2012-03-26 00:00:00
Title: Case T-141/12: Action brought on 26 March 2012 — Pro-Duo v OHIM — El Corte Inglés (GO!)

9.6.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 165/26
            
         Action brought on 26 March 2012 — Pro-Duo v OHIM — El Corte Inglés (GO!)
   (Case T-141/12)
   2012/C 165/46
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Pro-Duo (Ghent, Belgium) (represented by: T. Alkin, Barrister)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: El Corte Inglés, SA (Madrid, Spain)
   
      Form of order sought
   
   
               —
            
            
               Suspend the action pending the outcome of the Cancellation proceedings No 5011 C;
            
         
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 January 2012 in case R 1373/2011-4, insofar as it declined to suspend proceedings pending outcome of the Cancellation proceedings, or to annul the decision entirely; and
            
         
               —
            
            
               Order the Opponent to pay the costs incurred by the applicant.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark in black, white and grey ‘GO!’, for goods in class 3 — Community trade mark application No 8859712
   
      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 6070981 of the figurative mark ‘GO GLORIA ORTIZ’, for goods in class 3
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: The Board of Appeal of the Office for Harmonisation in the Internal Market erred in law in failing to suspend the proceedings; and infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly found that there was a likelihood of confusion between the two trademarks.