CELEX: 62012TN0087
Language: en
Date: 2012-02-23 00:00:00
Title: Case T-87/12: Action brought on 23 February 2012 — Duff Beer v OHIM — Twentieth Century Fox Film (Duff)

14.4.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 109/32
            
         Action brought on 23 February 2012 — Duff Beer v OHIM — Twentieth Century Fox Film (Duff)
   (Case T-87/12)
   2012/C 109/64
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Duff Beer UG (Eschwege, Germany) (represented by: N. Schindler, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Twentieth Century Fox Film Corporation (Los Angeles, United States of America)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 December 2011 (Case R 0456/2011-4) and the decision of the Opposition Division of OHIM of 14 January 2011 (No B 1 603 771);
            
         
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               order OHIM to bear its own costs and to pay the costs incurred by the applicant;
            
         
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               in the alternative, stay the proceedings until the delivery of final decisions on the application for revocation pending before OHIM under the reference number 000005227 C and the nullity of Community trade mark No 001341130 declared by the Court of Commerce of Brussels under the reference numbers 2009/6122 and 2009/6129.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: the figurative mark ‘Duff’ in the colours black, white and red for goods and services in Classes 32, 35 and 41 (application No 8 351 091).
   
      Proprietor of the mark or sign cited in the opposition proceedings: Twentieth Century Fox Film Corporation
   
      Mark or sign cited in opposition: the figurative mark ‘Duff BEER’ (Community trade mark No 1 341 130) for goods in Class 32
   
      Decision of the Opposition Division: the opposition was upheld in part for goods and services in Classes 32 and 35
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: Infringement of Article 8(2)(b) of Regulation No 207/2009 as there is no likelihood of confusion between the marks at issue and infringement of rule 20(7)(c) in conjunction with rule 50(1) of Regulation No 2868/95 due to the Board of Appeal’s incorrect exercise of its discretion as regards the applicant’s application to suspend the appeal proceedings.