CELEX: 62012TN0138
Language: en
Date: 2012-03-26 00:00:00
Title: Case T-138/12: Action brought on 26 March 2012 — Geipel v OHIM — Reeh (BEST BODY NUTRITION)

2.6.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 157/10
            
         Action brought on 26 March 2012 — Geipel v OHIM — Reeh (BEST BODY NUTRITION)
   (Case T-138/12)
   2012/C 157/18
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Yves Geipel (Auerbach, Germany) (represented by: J. Sachs, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Jörg Reeh (Buxtehude, Germany)
   
      Form of order sought
   
   
               —
            
            
               Annul the contested decision of the First Board of Appeal of OHIM of 12 January 2012 and reject the opposition of 24 July 2009;
            
         
               —
            
            
               Order OHIM to pay the costs of the proceedings, including the costs incurred in the appeal proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Yves Geipel
   
      Community trade mark concerned: Figurative mark ‘BEST BODY NUTRITION’ (international registration No W 982 101, naming the European Union) for goods in classes 25, 28, 29, 30 and 32.
   
      Proprietor of the mark or sign cited in the opposition proceedings: Jörg Reeh.
   
      Mark or sign cited in opposition: Community trade mark No 4 020 161‘BEST4BODY’ for goods in class 25.
   
      Decision of the Opposition Division: Opposition allowed.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: There is no likelihood of confusion between the marks at issue.