CELEX: 62012TN0522
Language: en
Date: 2012-11-30 00:00:00
Title: Case T-522/12: Action brought on 30 November 2012 — Alfa-Beta Vassilopoulos v OHIM — Henkel (AB terra Leaf)

2.2.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/22
            
         Action brought on 30 November 2012 — Alfa-Beta Vassilopoulos v OHIM — Henkel (AB terra Leaf)
   (Case T-522/12)
   2013/C 32/35
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Alfa-Beta Vassilopoulos SA (Gerakas Attikis, Greece) (represented by: N. Lymperis, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Henkel AG & Co. KGaA (Düsseldorf, Germany)
   
      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 1 October 2012 in case R 2122/2011-4 and the appeal be upheld so that CTM application AB TERRA LEAF (& device) No 8573651 proceeds to registration for all goods applied for; and
            
         
               —
            
            
               Order the defendant and the opponent to pay the costs of these proceedings, including those incurred in opposition and appeal proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark ‘AB terra Leaf’ in black and white, for goods in classes 3, 5 and 16 — Community trade mark application No 8573651
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited in opposition: Community trade mark registration No 33472909 of the word mark ‘TERRA’, for goods in classes 3 and 21
   
      Decision of the Opposition Division: Upheld the opposition for all the contested goods
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 8(1)(b) and 75 of Council Regulation No 207/2009.