CELEX: 62013TN0344
Language: en
Date: 2013-06-28 00:00:00
Title: Case T-344/13: Action brought on 28 June 2013 — Out of the blue/OHIM — Dubois et al. (FUNNY BANDS)

7.9.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 260/43
            
         Action brought on 28 June 2013 — Out of the blue/OHIM — Dubois et al. (FUNNY BANDS)
   (Case T-344/13)
   2013/C 260/77
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Out of the blue KG (Lilienthal, Germany) (represented by: G. Hasselblatt and D. Kipping, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Frédéric Dubois et al. (Lasne, Belgium)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Overturn the Decision of the Second Board of Appeal of 4 April 2013, Case R 542/2012-2;
            
         
               —
            
            
               Order OHIM to bear its own costs as well as the costs of the applicant;
            
         
               —
            
            
               In the event that Mr. DUBOIS joins in these proceedings as an intervening party, order the intervening party to bear its own 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 word mark containing the word element ‘FUNNY BANDS’ for goods and services in classes 14, 17 and 35 — Community trade mark application No 9 350 794
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: German non-registered sign ‘FUNNY BANDS’ several goods and services and activities
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(4) of Council Regulation No 207/2009.