CELEX: 62012TN0170
Language: en
Date: 2012-04-10 00:00:00
Title: Case T-170/12: Action brought on 10 April 2012 — Beyond Retro v OHIM — S&K Garments (BEYOND VINTAGE)

30.6.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 194/23
            
         Action brought on 10 April 2012 — Beyond Retro v OHIM — S&K Garments (BEYOND VINTAGE)
   (Case T-170/12)
   2012/C 194/39
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Beyond Retro Ltd (London, United Kingdom) (represented by: S. Malynicz, Barrister)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: S&K Garments, Inc. (New York, United States)
   
      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 31 January 2012 joined cases R 493/2011-4 and R 548/2011-4; and
            
         
               —
            
            
               Order the Office and the other party to the proceedings before the Board of Appeal to bear their own costs and pay those of the applicant.
            
         
      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: International Registration of the word mark ‘BEYOND VINTAGE’, for goods and services in classes 14, 18 and 25 — Community trade mark application No W 994046
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Community trade mark registration No 5629035 of the word mark ‘BEYOND RETRO’, for goods and services in classes 25 AND 35
   
      Decision of the Opposition Division: Upheld the opposition in part
   
      Decision of the Board of Appeal: Dismissed the applicant’s appeal in case R 548/2011-4 and annulled the decision of the opposition division in case R 493/2011-4
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.