CELEX: 62011TN0606
Language: en
Date: 2011-11-30 00:00:00
Title: Case T-606/11: Action brought on 30 November 2011 — Woodman Labs V OHIM — 2 Mas 2 Publicidad Integral (HERO)

4.2.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/32
            
         Action brought on 30 November 2011 — Woodman Labs V OHIM — 2 Mas 2 Publicidad Integral (HERO)
   (Case T-606/11)
   2012/C 32/66
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Woodman Labs, Inc. (Sausalito, United States of America) (represented by: M. Graf, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: 2 Mas 2 Publicidad Integral, SL (Vitoria-Gasteiz, Spain)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 September 2011 in case R 876/2010-4; and
            
         
               —
            
            
               Order the costs of the proceedings to be borne by the defendant.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘HERO’, for goods in class 9 — Community trade mark application No 6750376
   
      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 5883533 of the figurative mark in gold and black ‘hero PICTURES’, for goods and services in classes 9 and 41
   
      Decision of the Opposition Division: The Community trade mark application was allowed to proceed for part of the goods in class 9
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly ruled that likelihood of confusion exists between the earlier mark and the Community trade mark application.