CELEX: 62012TN0495
Language: en
Date: 2012-11-16 00:00:00
Title: Case T-495/12: Action brought on 16 November 2012 — European Drinks v OHIM — Alexandrion Grup Romania (Dracula Bite)

26.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 26/57
            
         Action brought on 16 November 2012 — European Drinks v OHIM — Alexandrion Grup Romania (Dracula Bite)
   (Case T-495/12)
   2013/C 26/115
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: European Drinks SA (Ștei, Romania) (represented by: V. von Bomhard, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: SC Alexandrion Grup Romania Srl (Pleasa, Romania)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in case R 680/2011-4; and
            
         
               —
            
            
               Order that the costs of the proceedings be borne by the Defendant.
            
         
      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 in colour ‘Dracula Bite’, for goods and services in classes 33, 35 and 39 — Community trade mark application No 7588247
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Romanian trade mark registration No 34847 of the figurative mark ‘Dracula’, for goods and services in classes 33 and 35
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 42(2) and 42(3) of Council Regulation No 207/2009