CELEX: 62012TN0435
Language: en
Date: 2012-09-24 00:00:00
Title: Case T-435/12: Action brought on 24 September 2012 — Bacardi v OHIM — Granette & Starorežná Distilleries (42 BELOW)

8.12.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 379/24
            
         Action brought on 24 September 2012 — Bacardi v OHIM — Granette & Starorežná Distilleries (42 BELOW)
   (Case T-435/12)
   2012/C 379/42
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Bacardi Co. Ltd (Vaduz, Liechtenstein) (represented by: M. Reinisch, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Granette & Starorežná Distilleries a.s. (Ústí nad Labem, Czech Republic)
   
      Form of order sought
   
   
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               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 July 2012 in case R 2100/2011-2;
            
         
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               Reject the opposition against the registration of the word-device mark ‘42 BELOW’ No 8391856 for goods in class 33;
            
         
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               Transmit the judgment of the General Court of the European Union to OHIM; and
            
         
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               Order OHIM and the other party to the proceedings before the Board of Appeal to pay all costs and expenses.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark ‘42 BELOW’, for goods in class 33 — Community trade mark application No 8391856
   
      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: Czech trade mark registration No 263350 for the figurative mark ‘VODKA 42’, for among others goods and services in class 33; Unregistered trade mark ‘VODKA 42’ used in Czech Republic and Slovakia
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Upheld the appeal and refused the CTM application for all the goods
   
      Pleas in law:
   
   
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               Infringement of Rule 50(2)(g) of Commission Regulation No 2868/95; and
            
         
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               Infringement of Article 8(4) of Council Regulation No 207/2009.