CELEX: 62012TN0191
Language: en
Date: 2012-04-30 00:00:00
Title: Case T-191/12: Action brought on 30 April 2012 — Roland v OHIM — Textiles Well (wellness inspired by nature)

14.7.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/7
            
         Action brought on 30 April 2012 — Roland v OHIM — Textiles Well (wellness inspired by nature)
   (Case T-191/12)
   2012/C 209/12
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Roland SE (Essen, Germany) (represented by: O. Rauscher and C. Onken, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Textiles Well SA (Le Vigan, France)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 February 2012 in case R 2552/2010-1;
            
         
               —
            
            
               Reject the Opposition No 1299967; and
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and the other party to the proceedings before the Board of Appeal to bear the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The international figurative mark ‘wellness inspired by nature’, for goods in class 25 — Community trade mark application No W00924808
   
      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 527630 of the word mark ‘WELL’, for goods in class 25; French trade mark registration No 99804486 of the word mark ‘WELLNESS’, for goods in class 25
   
      Decision of the Opposition Division: Upheld the opposition and refused protection to the international registration for all the contested goods
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.