CELEX: 62012TN0194
Language: en
Date: 2012-04-30 00:00:00
Title: Case T-194/12: Action brought on 30 April 2012 — Advance Magazine Publishers v OHIM — Bauer Consumer Media (GOLF WORLD)

14.7.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/8
            
         Action brought on 30 April 2012 — Advance Magazine Publishers v OHIM — Bauer Consumer Media (GOLF WORLD)
   (Case T-194/12)
   2012/C 209/13
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Advance Magazine Publishers, Inc. (New York, United States) (represented by: R. Hacon, Barrister)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Bauer Consumer Media Ltd (Peterborough, United Kingdom)
   
      Form of order sought
   
   
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               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 February 2012 in case R 239/2011-1;
            
         
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               Refuse the application in suit for all goods and services for which it was published for opposition;
            
         
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               Alternatively, the evidence of use be deemed sufficient and the opposition be remitted to the Opposition Division to determine the issue of the conflict between the marks in question; and
            
         
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               Award to the opponent its costs in the opposition proceedings, the proceedings before the Board of Appeal and in this appeal and that the appeal fees be refunded.
            
         
      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 ‘GOLF WORLD’, for goods and services in classes 9, 16, 35, 38 and 41 — Community trade mark application No 7070147
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Benelux trade mark registration No 465586 of the word mark ‘GOLF WORLD’, for goods in class 16; Danish trade mark registration No 541/1991 of the word mark ‘GOLF WORLD’, for goods in class 16; French trade mark registration No 1551025 of the word mark ‘GOLF WORLD’, for goods in class 16; Greek trade mark registration No 96430 of the word mark ‘GOLF WORLD’, for goods in class 16; Italian trade mark registration No 575282 of the word mark ‘GOLF WORLD’, for goods in class 16; Spanish trade mark registration No 1308477 of the word mark ‘GOLF WORLD’, for goods in class 16; Swedish trade mark registration No 229611 of the word mark ‘GOLF WORLD’, for goods in class 16; Portuguese trade mark registration No 259281 of the word mark ‘GOLF WORLD’, for goods in class 16; Irish trade mark registration No 113474 of the word mark ‘GOLF WORLD’, for goods in class 16
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 42 of Council Regulation No 207/2009.