CELEX: 62012TN0505
Language: en
Date: 2012-11-19 00:00:00
Title: Case T-505/12: Action brought on 19 November 2012 — Compagnie des montres Longines, Francillon v OHIM — Cheng (B)

26.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 26/63
            
         Action brought on 19 November 2012 — Compagnie des montres Longines, Francillon v OHIM — Cheng (B)
   (Case T-505/12)
   2013/C 26/125
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Compagnie des montres Longines, Francillon SA (Saint-Imier, Switzerland) (represented by: P. González-Bueno Catalán de Ocón, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Xiuxiu Cheng (Budapest, Hungary)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 September 2012 in case R 193/2012-5; and.
            
         
               —
            
            
               Order the Defendant and the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings.
            
         
      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 in black and white ‘B’, for goods in classes 9 and 25 — Community trade mark application No 8483562
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: International trade mark registration No 401319 of the figurative mark representing a device of extended wings with a geometric design in the middle, for goods in classes 7, 9 and 14
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009.