CELEX: 62012TN0444
Language: en
Date: 2012-10-08 00:00:00
Title: Case T-444/12: Action brought on 8 October 2012 — Novartis v OHIM — Tenimenti Angelini (LINEX)

22.12.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 399/24
            
         Action brought on 8 October 2012 — Novartis v OHIM — Tenimenti Angelini (LINEX)
   (Case T-444/12)
   2012/C 399/46
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Tenimenti Angelini SpA (Montalcino, Italy)
   
      Form of order sought
   
   
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               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 August 2012 in case R 414/2011-4; and
            
         
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               Order the defendant to bear the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘LINEX’, for goods and services in class 5 — Community trade mark application No 8122863
   
      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: Italian trade mark registration No 1281035 for the word mark ‘LINES PERLA’, for goods in classes 5, 16 and 25; Italian trade mark registration No 245598 for the word mark ‘LINES LADY’, for goods in class 5; Italian trade mark registration No 311801 for the word mark ‘LINES INTERVALLO’, for goods in class 5; Italian trade mark registration No 414841 for the word mark ‘LINES IDEA’, for goods in class 5; Italian trade mark registration No 584405 for the word mark ‘LINES SETA’, for goods in classes 5, 16 and 25; Italian trade mark registration No 607537 for the word mark ‘LINES SETA ALI’, for goods in classes 5, 16 and 25; Italian trade mark registration No 643382 for the word mark ‘LINES SETA ULTRA’, for goods in classes 5, 16 and 25; Italian trade mark registration No 980294 for the figurative mark ‘VELO’, for goods in classes 3, 5 and 16; Italian trade mark registration No 980295 for the figurative mark ‘LINES’, for goods in classes 3, 5 and 16; Italian trade mark application No MI2007C011896 for the figurative mark ‘LINES SETA’, for goods in classes 5, 16 and 25; well-known mark in Italy ‘LINES’, for goods in class 5
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law:
   
   
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               Infringement of Article 76(1) of Council Regulation No 207/2009; and
            
         
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               Infringement of Article 8(1)(b) of Council Regulation No 207/2009.