CELEX: 62012TN0373
Language: en
Date: 2012-08-20 00:00:00
Title: Case T-373/12: Action brought on 20 August 2012 — REWE-Zentral v OHIM — Planet GDZ (PRO PLANET)

20.10.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 319/14
            
         Action brought on 20 August 2012 — REWE-Zentral v OHIM — Planet GDZ (PRO PLANET)
   (Case T-373/12)
   2012/C 319/27
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: REWE-Zentral AG (Cologne, Germany) (represented by: M. Kinkeldey and A. Bognár, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Planet GDZ AG (Tagelswangen, Switzerland)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 June 2012 in Case R 1350/2011-1;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: the figurative mark including the word element ‘PRO PLANET’ for goods in Classes 6, 17 and 19
   
      Proprietor of the mark or sign cited in the opposition proceedings: Planet GDZ AG
   
      Mark or sign cited in opposition: the international registration of the word mark ‘PLANET’ for goods in Classes 6 and 19
   
      Decision of the Opposition Division: the opposition was upheld
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009