CELEX: 62012TN0523
Language: en
Date: 2012-11-30 00:00:00
Title: Case T-523/12: Action brought on 30 November 2012 — Rani Refreshments/OHMI — Global-Invest Bartosz Turek (Sani)

2.2.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/23
            
         Action brought on 30 November 2012 — Rani Refreshments/OHMI — Global-Invest Bartosz Turek (Sani)
   (Case T-523/12)
   2013/C 32/36
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Rani Refreshments FZCO (Dubai, United Arab Emirates) (represented by: M. Chapple, Barrister)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Global-Invest Bartosz Turek (Poczesna, Poland)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 September 2012 in case R 236/2012-4; and
            
         
               —
            
            
               Order the defendant to pay to the applicant the costs incurred by the applicant in connection with its application and the decision.
            
         
      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: The figurative mark ‘Sani’ in green, willow green and white, for among others, goods in classes 29, 30 and 32 — Community trade mark application No 9087479
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Community trade mark registration No 2587244 of the figurative mark in green, white, black and blue ‘Rani’, for goods in class 32; Community trade mark registration No 4005211 of the figurative mark in blue and white ‘Rani’, for goods in classes 29 and 30; Community trade mark registration No 2587293 of the figurative mark in blue and white ‘RANI FLOAT’, for goods in class 32; Community trade mark registration No 2587269 of the figurative mark in orange, yellow, black, white, red, pink, blue and green ‘Rani’, for goods in classes 16, 21 and 32; United Kingdom trade mark registration No 1239206 of the figurative mark ‘rani’, for goods in class 32
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.