CELEX: 62013TN0172
Language: en
Date: 2013-03-21 00:00:00
Title: Case T-172/13: Action brought on 21 March 2013 — Novomatic v OHIM — Simba Toys (AFRICAN SIMBA)

18.5.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 141/25
            
         Action brought on 21 March 2013 — Novomatic v OHIM — Simba Toys (AFRICAN SIMBA)
   (Case T-172/13)
   2013/C 141/45
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Novomatic AG (Gumpoldskirchen, Austria) (represented by: W. Mosing, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Simba Toys GmbH & Co. KG (Fürth-Stadeln, Germany)
   
      Form of order sought
   
   The applicant claims that the General 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) of 15 January 2013 in Case 157/2012-4 and dismiss the opposition in its entirety as a result of a lack of similarity between the goods and/or signs and grant registration of the Community trade mark ‘AFRICAN SIMBA’ (application No 7 5 4175) in the form applied for;
            
         
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               order OHIM and — in the case of written intervention — the opponent to bear their own costs and those incurred by the applicant in the proceedings before OHIM and in these proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: Word mark ‘ARFICAN SIMBA’ for goods and services in Classes 9, 28 and 41 — Community trade mark application No 7 534 175
   
      Proprietor of the mark or sign cited in the opposition proceedings: Simba Toys GmbH & Co. KG
   
      Mark or sign cited in opposition: National figurative mark containing the word element ‘Simba’, and international word mark ‘SIMBA’ for goods in Class 28
   
      Decision of the Opposition Division: Opposition upheld in part
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: Infringement of Article 42(2) in conjunction with Article 42(3) of Regulation No 207/2009 in conjunction with Rule 22(2) of Regulation No 2868/95 and Article 8(1)(b) of Regulation No 207/2009