CELEX: 62012TN0401
Language: en
Date: 2012-09-10 00:00:00
Title: Case T-401/12: Action brought on 10 September 2012 — Klingel v OHIM — Develey (JUNGBORN)

27.10.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 331/31
            
         
      Action brought on 10 September 2012 — Klingel v OHIM — Develey (JUNGBORN)
      (Case T-401/12)
      (2012/C 331/60)
      Language in which the application was lodged: German
      
         Parties
      
      
         Applicant: Robert Klingel OHG (Pforzheim, Germany) (represented by: T. Zeiher, lawyer)
      
         Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
      
         Other party to the proceedings before the Board of Appeal: Develey Holding GmbH & Co. Beteiligungs KG (Unterhaching, Germany)
      
         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 9 July 2012 in Case R 936/2011-4;
               
            
                  —
               
               
                  reject the opposition to the protection of international registration W 1 002 323 — JUNGBORN;
               
            
                  —
               
               
                  in the alternative, refer the case back to the Board of Appeal for a further decision;
               
            
                  —
               
               
                  order the unsuccessful party to pay the costs of the proceedings.
               
            
         Pleas in law and main arguments
      
      
         Applicant for a Community trade mark: Robert Klingel OHG
      
         Community trade mark concerned: Word mark ‘JUNGBORN’ for goods in Classes 29, 30, 32 and 33 — international registration designating the European Union No W 1 002 323
      
         Proprietor of the mark or sign cited in the opposition proceedings: Develey Holding GmbH & Co. Beteiligungs KG
      
         Mark or sign cited in opposition: German word mark ‘BORN’ for goods in Classes 29, 30 and 32
      
         Decision of the Opposition Division: The opposition was allowed in part
      
         Decision of the Board of Appeal: Appeal dismissed
      
         Pleas in law: Infringement of Article 41(1)(a) and Article 8(1)(b) of Regulation No 207/2009