CELEX: 62012TN0378
Language: en
Date: 2012-08-14 00:00:00
Title: Case T-378/12: Action brought on 14 August 2012 — Capitalizaciones Mercantiles v OHIM — Leineweber (X)

24.11.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 366/35
            
         Action brought on 14 August 2012 — Capitalizaciones Mercantiles v OHIM — Leineweber (X)
   (Case T-378/12)
   2012/C 366/72
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Capitalizaciones Mercantiles Ltda (Bogota, Colombia) (represented by: J. Devaureix, and L. Montoya Terán, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Leineweber GmbH & Co. KG (Herford, Germany)
   
      Form of order sought
   
   
               —
            
            
               Admit this application for annulment, with all the documents annexed, and the corresponding copies;
            
         
               —
            
            
               Admit all the pieces of evidence attached to the writ;
            
         
               —
            
            
               Hold for the applicant, leaving with no effect the decision issued by the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2012 in case R 1524/2011-1, regarding CTM application No 7045818, and consequently, confirm the decision of the Opposition Division of 25 May 2011 which granted registration of the CTM No 7045818 ‘X’ (figurative) for goods in class 25; and
            
         
               —
            
            
               Order the defendant to bear the costs of these proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark ‘X’ for goods in class 25 — Community trade mark application No 7045818
   
      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 4736609 of the figurative mark ‘X’, for, among others, goods in class 25
   
      Decision of the Opposition Division: Rejected the opposition for all the contested goods
   
      Decision of the Board of Appeal: Annulled the contested decision and rejected the contested application for the goods in class 25
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.