CELEX: 62012TN0361
Language: en
Date: 2012-08-06 00:00:00
Title: Case T-361/12: Action brought on 6 August 2012 — Premiere Polish v OHIM — Donau Kanol (ECOFORCE)

20.10.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 319/11
            
         Action brought on 6 August 2012 — Premiere Polish v OHIM — Donau Kanol (ECOFORCE)
   (Case T-361/12)
   2012/C 319/21
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Premiere Polish Co., Ltd (Cheltenham, United Kingdom) (represented by: C. Jones and M. Carter, Solicitors)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Donau Kanol GmbH & Co KG (Ried im Traunkreis, Austria)
   
      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 8 June 2012 in case R 851/2011-4;
            
         
               —
            
            
               Allow the applicant’s Community trade mark application No 8777005 in its entirety or in the alternative, the proceedings be remitted to the Board of Appeal; and
            
         
               —
            
            
               Order the Office to pay the applicant’s costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘ECOFORCE’ for goods in class 3 — Community trade mark application No 8777005
   
      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 7243173 of the figurative mark ‘ECO FORTE’ for goods in classes 1, 3 and 5
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.