CELEX: 62012TN0487
Language: en
Date: 2012-11-09 00:00:00
Title: Case T-487/12: Action brought on 9 November 2012 — Eckes-Granini v OHIM — Panini (PANINI)

26.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 26/54
            
         Action brought on 9 November 2012 — Eckes-Granini v OHIM — Panini (PANINI)
   (Case T-487/12)
   2013/C 26/110
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Eckes-Granini Group GmbH (Nieder-Olm, Germany) (represented by: W. Berlit, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Panini SpA (Modena, Italy)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in case R 2393/2011-2; and
            
         
               —
            
            
               Order OHIM 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 ‘PANINI’, for goods in class 32 — Community trade mark application No 8721987
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Community trade mark registration No 121780 of the word mark ‘GRANINI’, for inter alia goods in class 32; German trade mark registration No 30315871 of the word mark ‘GRANINI’ for inter alia goods in class 32
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.