CELEX: 62012TN0342
Language: en
Date: 2012-08-01 00:00:00
Title: Case T-342/12: Action brought on 1 August 2012 — Fuchs/OHIM — Les Complices (Star)

29.9.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 295/28
            
         Action brought on 1 August 2012 — Fuchs/OHIM — Les Complices (Star)
   (Case T-342/12)
   2012/C 295/51
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Max Fuchs (Freyung, Germany) (represented by: C. Onken, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Les Complices SA (Montreuil-sous-Bois, France)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 May 2012 in case R 2040/2011-5;
            
         
               —
            
            
               Reject the opposition No 1299967 in its entirety; and
            
         
               —
            
            
               Order the defendant and the other party before the Board of Appeal to bear the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark representing a black star, for goods in classes 18, 24 and 25 — Community trade mark application No 5588694
   
      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 632232 of the figurative mark representing a white star in a black circle, for goods in classes 3, 9, 14, 16, 18, 20, 24 and 28; French trade mark registration No 1579557 of the figurative mark representing a white star in a black circle, for goods in class 25
   
      Decision of the Opposition Division: Upheld the opposition for part of the contested goods
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009