CELEX: 62012TN0204
Language: en
Date: 2012-05-15 00:00:00
Title: Case T-204/12: Action brought on 15 May 2012 — Vila Vita Hotel und Touristik v OHIM — Viavita (VIAVITA)

21.7.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/25
            
         Action brought on 15 May 2012 — Vila Vita Hotel und Touristik v OHIM — Viavita (VIAVITA)
   (Case T-204/12)
   2012/C 217/53
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Vila Vita Hotel und Touristik GmbH (Frankfurt, Germany) (represented by: G. Schoenen and V. Töbelmann, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Viavita SASU (Paris, France)
   
      Form of order sought
   
   
               —
            
            
               Overturn the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 March 2012 in case R 419/2011-1;
            
         
               —
            
            
               Order OHIM to bear the costs of the applicant; and
            
         
               —
            
            
               In the event that the other party to the proceedings before the Board of Appeal joins in these proceedings as an intervening party, order it to bear its own 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 word mark ‘VIAVITA’, for services in classes 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45 — Community trade mark application No 52201504
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Austrian trade mark registration No 154631 of the word mark ‘VILA VITA PARC’, for services in classes 39 and 42; German trade mark registration No 2097301 of the figurative mark ‘VILA VITA TOURISTIK GMBH’, for goods and services in classes 3, 35, 37, 39 et 41
   
      Decision of the Opposition Division: Partially upheld the opposition
   
      Decision of the Board of Appeal: Annulled the contested decision and rejected the opposition
   
      Pleas in law: Infringement of Article 42(2) and (3) of Council Regulation No 207/2009.