CELEX: 62011TN0522
Language: en
Date: 2011-09-28 00:00:00
Title: Case T-522/11: Action brought on 28 September 2011 — Otero González v OHIM — Apli-Agipa (APLI-AGIPA)

14.1.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 13/16
            
         Action brought on 28 September 2011 — Otero González v OHIM — Apli-Agipa (APLI-AGIPA)
   (Case T-522/11)
   2012/C 13/33
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: José Luis Otero González (Barcelona, Spain) (represented by: S. Correa, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Apli-Agipa SAS (Dormans, France)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 July 2011 in Case R 1454/2010-2 in relation to the partial granting of the application for the following goods ‘photographs, adhesives (glues) for stationery or household purposes; paint brushes, typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks’;
            
         
               —
            
            
               refuse Community trade mark application No 5676382 ‘APLI-AGIPA’ in respect of all the goods granted in Class 16;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Apli-Agipa SAS.
   
      Community trade mark concerned: Word mark ‘APLI-AGIPA’ for goods in Class 16.
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
   
      Mark or sign cited in opposition: Spanish word mark ‘AGIPA’ and Spanish figurative mark that contains the word element ‘a-agipa’, both for goods in Class 16.
   
      Decision of the Opposition Division: Opposition upheld.
   
      Decision of the Board of Appeal: Appeal upheld in part.
   
      Plea in law: Infringement of Article 8(1)(b) of Regulation No 207/2009, since there is a likelihood of confusion between the marks at issue.