CELEX: 62013TN0048
Language: en
Date: 2013-01-30 00:00:00
Title: Case T-48/13: Action brought on 30 January 2013 — Out of the Blue KG v OHIM — Mombauer (REFLEXX)

23.3.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 86/25
            
         Action brought on 30 January 2013 — Out of the Blue KG v OHIM — Mombauer (REFLEXX)
   (Case T-48/13)
   2013/C 86/42
   Language of the case: German
   
      Parties
   
   
      Applicant: Out of the blue KG (Lilienthal, Germany) (represented by: G. Hasselblatt and I. George, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Meinhard Mombauer (Cologne, Germany)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 November 2012 in Case R 1656/2011-4;
            
         
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               Order OHIM to bear its own costs and those of the applicant;
            
         
               —
            
            
               Were Meinhard Mombauer to participate as intervener in the proceedings, order him to bear his own costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Out of the blue KG
   
      Community trade mark concerned: Word mark ‘REFLEXX’ for goods in Class 9 — Application for Community trade mark No 7 239 511
   
      Proprietor of the mark or sign cited in the opposition proceedings: Meinhard Mombauer
   
      Mark or sign cited in opposition: Figurative mark, containing the word element ‘RELFECTS’, for goods in Class 9
   
      Decision of the Opposition Division: The opposition was upheld
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in Law: Infringement of Article 42(5) in conjunction with Article 8(1)(b) of Regulation No 207/2009