CELEX: 62013TN0096
Language: en
Date: 2013-02-22 00:00:00
Title: Case T-96/13: Action brought on 22 February 2013 — Rot Front/OHIM — Rakhat (Macka)

27.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 123/18
            
         Action brought on 22 February 2013 — Rot Front/OHIM — Rakhat (Macka)
   (Case T-96/13)
   2013/C 123/30
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Rot Front OAO (Moscow, Russia) (represented by: B. Térauda, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Rakhat AO (Almaty, Kazakhstan)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the contested decision;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      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 containing the word element ‘Macka’ for goods in classes 29 and 30 — Community trade mark application No 9 556 135
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Non-registered figurative mark containing a device of bag with the word element ‘Macka’ for ‘confectionery’ goods in Greece and Germany
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(4) of Council Regulation No 207/2009.