CELEX: 62013TN0169
Language: en
Date: 2013-03-21 00:00:00
Title: Case T-169/13: Action brought on 21 March 2013 — Benelli Q.J./OHIM — Demharter (MOTO B)

25.5.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 147/27
            
         Action brought on 21 March 2013 — Benelli Q.J./OHIM — Demharter (MOTO B)
   (Case T-169/13)
   2013/C 147/48
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Benelli Q.J. Srl (Pesaro, Italy) (represented by: P. Lukácsi, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Demharter GmbH (Dillingen, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the defendant’s decision and remit the case to OHIM for further examination and a new decision due to the fact that the prior marks of the applicant shall be considered earlier trade marks within the meaning of Article 8(1)(b) Council Regulation No 207/2009 and therefore the applicant’s opposition based on likelihood of confusion shall be assessed as to its substance;
            
         
               —
            
            
               Order the defendant to pay the applicant’s costs.
            
         
      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 ‘MOTO B’ claiming the colours black, white, red, gold, green, brown and grey for goods in classes 9, 12 and 25 — Community trade mark application No 8 780 926
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Well-known, Italian, non-registered figurative marks «MOTOBI» et al.
   
      Decision of the Opposition Division: Rejected 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.